Abraxis Bioscience, Inc. v. Navinta LLC

625 F.3d 1359, 96 U.S.P.Q.2d 1977 (2010)

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Abraxis Bioscience, Inc. v. Navinta LLC

United States Court of Appeals for the Federal Circuit
625 F.3d 1359, 96 U.S.P.Q.2d 1977 (2010)

Facts

Rune Sandberg secured a patent (the ‘086 patent) that he subsequently assigned to Astra Lakemedel Aktieboag (Astra L). Arne Torsten Eek held two patents (the ‘524 and ‘489 patents) that were assigned to AstraZeneca AB (AZ-AB). Another Astra company, AstraZeneca (AZ-UK), entered an asset-purchase agreement with Abraxis Bioscience, Inc. (Abraxis) (plaintiff). The agreement provided that AZ-UK “shall or shall cause” its affiliates to sell the ‘086, ‘524, and ‘489 patents to Abraxis. This was followed by an intellectual-property-assignment agreement that purported to assign the patents from AZ-UK to Abraxis. However, as of the time of these two agreements, no assignment from Astra L and AZ-AB to AZ-UK had occurred. Abraxis initiated a lawsuit against Navinta LLC (defendant), alleging infringement of the three patents. On the same day, Astra L and AZ-AB assigned their respective patents to AZ-UK. Several months later, AZ-UK executed an intellectual-property-assignment agreement to confirm that Abraxis held all right, title, and interest in the subject patents. The federal district court found in favor of Abraxis on the infringement claims—a holding that was based on New York state contract law Navinta appealed to the United States Court of Appeals for the Federal Circuit.

Rule of Law

Issue

Holding and Reasoning (Gajarsa, J.)

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