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UCB, Inc. v. KV Pharmaceutical Co.

692 F. Supp. 2d 419 (D. Del. 2010)
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UCB, Inc. v. KV Pharmaceutical Co.

2 Citing cases

  1. Xin Wang v. Injective Labs.

    No. 22-943 (D. Del. Mar. 11, 2025)

    . Although it has been suggested that the Pennypack factors embody the harmlessness standard set forth in Rule 37(c), see, e.g., UCB, Inc. v. KV Pharm. Co., 692 F.Supp.2d 419, 421 (D. Del. 2010), Pennypack has not typically been regarded as a harmless error rule. Moreover, the distinction is not just semantic.

  2. ICU Medical, Inc. v. RyMed Technologies, Inc.

    752 F. Supp. 2d 486 (D. Del. 2010)   Cited 14 times
    Explaining that such "contentions would cause substantial delay, wasted time, and confusion because it would require mini-trials to determine whether [the accused infringer] actually copied the unrelated ICU devices nearly twenty years ago"

    Excluding Rymed's defense would be an inappropriately extreme remedy. See UCB, Inc. v. KV Pharmaceutical Co., 692 F.Supp. 2d 419, 422 (D. Del. 2010). The issue of prosecution history estoppel presents a question of law for the Court to address at a bench trial now scheduled for January 2011.