On January 29, 2016, Klarquist obtained a permanent injunction for its client Capsugel in a case asserting two patents and false advertising claims relating to pullulan-based capsules. The team defended parallel PTAB challenges to the asserted patents. Judge Paul Papak granted a permanent injunction for patent owner Capsugel against all four defendants, including the manufacturer in China, barring infringing sales of pullulan capsules in the United States. The defendants also agreed not to sell any of the capsules at issue in Canada or non-organic pullulan capsules in countries in Europe where Capsugel also has patent protection.
In a novel claim between competitors, Klarquist prosecuted a false advertising theory alleging misuse of the term “organic” and the USDA organic seal in connection with capsules containing the synthetic chemical SLS. A favorable settlement in principle was reached on the day set for a hearing on Capsugel’s motion for partial summary judgment on the false advertising claim.
Capsugel v. Bright Pharma Caps – Stipulated Injunction and Consent Judgment