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08/09/2006
McAndrews, Held & Malloy Secures Conclusive Victory for CSP Technologies


 

CHICAGO, IL – Aug. 9, 2006 – McAndrews, Held & Malloy announced today that it has secured a conclusive victory for its client CSP Technologies Inc. (CSP) in a case involving desiccant entrained polymer containers used for pharmaceutical and diagnostic packaging.  The U.S. District Court for the Southern District of Indiana ruled that CSP’s U.S. Patent Nos. 5,911,937 and 6,214,255 are valid and that Sud-Chemie Inc. (SCI) infringed the two patents.

CSP’s patented desiccant entrained polymers are used inside containers to absorb moisture, thus protecting the containers’ contents.  The technology is used in the packaging of a wide range of goods requiring a moisture-free environment, including foodstuffs, pharmaceuticals, medical diagnostics products (such as diabetic blood testing strips) and consumer products.

SCI instigated the declaratory judgment lawsuit nearly four years ago when it alleged that CSP patents were invalid, unenforceable and/or not infringed upon by SCI.  The Court previously granted several of CSP’s motions to compel the production of many documents that SCI had improperly alleged were protected from discovery by the work product and attorney client privileges.  

The Court found that the evidence in the case was overwhelmingly in favor of CSP.  CSP will now request that the Court find SCI’s infringement willful, that this is an exceptional case and that CSP is entitled to its attorneys’ fees and costs.

"Throughout the 108 pages of the order and opinion issued by the Court, it demonstrated a keen understanding of the legal, patent and chemical issues involved in SCI's misappropriation of the novel inventions owned by CSP,” said George P. McAndrews, founding partner at McAndrews, Held & Malloy.  “The trial brought out colorful examples of just why the American patent system is necessary to protect inventors and entrepreneurial companies from unauthorized use of their inventions."

CSP is a world leader in designing and manufacturing custom plastic products and systems for the food, drug, electronic, health care and packaging industries.  SCI is a subsidiary of Sud-Chemie AG, a diversified specialty chemical and industrial minerals company headquartered in Munich, Germany, which produces catalysts, adsorbents and additives for industrial and consumer markets.

McAndrews, Held & Malloy attorneys George P. McAndrews, Richard T. McCaulley, James R. Nuttall, John L. Abramic and Michael J. Fitzpatrick represented CSP.  

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About McAndrews, Held & Malloy

Founded in 1988, McAndrews, Held & Malloy is one of the nation’s preeminent legal resources on intellectual property, antitrust and technology matters, serving institutions ranging from major multinationals and start-ups to world-class colleges and universities.  The firm’s technically trained attorneys have built an unparalleled record of litigation successes in jury trials, bench trials and ADR proceedings.  In addition, McAndrews, Held & Malloy offers its clients services in the following areas:  patent and trademark procurement and portfolio management, patent interferences, trademark oppositions and cancellations, international practice, intellectual property/technology opinions and investigations, due diligence and M&A support, technology licensing and joint ventures, and technology transfers and donations.  Additional information can be found at http://www.mcandrews-ip.com.

CONTACT:     
Randy Labuzinski / David Schulte
Healy Communications
312/440-3900
rlabuzinski@healyco.com

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