Chief Justice Collins J. Seitz Jr. of the Supreme Court of Delaware.
The Delaware Supreme Court has partially overturned a Court of Chancery decision in a patent dispute between two pharmaceutical companies, finding the lower court should have interpreted the wording in a licensing agreement more broadly.
The decision issued Tuesday and written by Chief Justice Collins J. Seitz Jr. in the case involving OptiNose AS and Currax Pharmaceuticals, represented by Fish & Richardson and Venable, respectively, turns on the court’s finding that a device is inextricably tied to the intellectual property behind it when it comes to patent disputes.
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