Lathrop Gage Reverses Injunction on Glucose Test Strips in the Federal Circuit


KANSAS CITY, Mo. (November 5, 2013) – Lathrop Gage LLP was recently successful in reversing a district court order that granted a preliminary injunction on the sale of glucose test strips in the U.S. Court of Appeals for the Federal Circuit.

The case, LifeScan Scotland, Inc. v. Shasta Technologies, LLC et al, involves blood glucose monitoring system, used by people with diabetes to maintain healthy glucose levels. In 2011 LifeScan, a subsidiary of Johnson & Johnson, filed suit against Shasta alleging its manufacture and distribution of competing test strips designed to work with LifeScan’s “One Touch Ultra” glucose meter infringed Lifescan’s patents. LifeScan also sought a preliminary injunction, which was granted by the district court.

The Court of Appeals for the Federal Circuit reversed this in a precedential decision, agreeing with Shasta that the patent exhaustion doctrine applied  and that LifeScan had exhausted its rights under its method patent with the sale and distribution of its meters, which substantially embodied the patented methods. Further, the court found that allowing the company to maintain sole distribution of the strips would continue to create an anti-competitive environment by improperly extending the company’s patent monopoly. 

William Rudy (Intellectual Property – Kansas City), John Shaeffer (Intellectual Property – Los Angeles) and Carole Handler (Intellectual Property – Los Angeles) represented Instacare and Pharmatech in this matter.  

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