Ortho-McNeil Pharmaceutical Inc. and Johnson & Johnson Pharmaceutical Research and Development, LLC v. Barr Laboratories, Inc., No. 3:99-CV-01073 (D. N.J. Mar. 5, 1999) In a Waxman Hatch paragraph IV matter, plaintiff Ortho-McNeil brought suit against Barr Laboratories, asserting a series of patents covering the contraceptive Ortho Tri-Cyclen, following Barr’s filing an Abbreviated New Drug Application (ANDA) for Ortho Tri-Cyclen Lo.
Sashco, Inc. v. Red Devil, Inc., No. 1:88-CV-01639 (D. Colo. Oct. 11, 1988). This was a Patent infringement litigation involving Sashco’s U.S. Patents 4,776,458 and 4,863,014, for clear caulk cartridges and tubes. Mr. Aitken participated in an evidentiary hearing where the Colorado court found that Red Devil had not violated a previous consent decree. Subsequently, on Red Devil’s summary judgment motion for non-infringement, the court found that Red Devil did