Merz, Shionogi Shielded From Classen IP Suit, Judge Rules

Law360, Los Angeles (January 29, 2014, 5:31 PM EST) -- A Maryland federal judge on Wednesday threw out Classen Immunotherapies Inc.’s lawsuit against Merz Pharmaceuticals LLC and Shionogi Inc. over infringement of two patents covering a system to determine the efficacy and side effects of medication, holding that the defendants are protected by a statutory safe harbor provision.

The judge granted the defendants’ motion to dismiss the suit, agreeing that the activities accused of infringement — generating and analyzing "adverse event" information and updating a drug’s label to include a mandated food effect instruction — were...
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