Del. Judge May Have Mallinckrodt Choose: Injunction Or $10M

By Editorial Team

A Delaware federal judge is considering asking Mallinckrodt Pharmaceuticals to make a decision between obtaining an injunction against a competitor’s inhaled nitric oxide treatment or receiving the full $9.5 million that a jury determined the company is owed for infringement.

The judge’s potential ultimatum comes after a jury’s decision in favor of Mallinckrodt Pharmaceuticals, awarding them $9.5 million in damages for infringement related to a competitor’s inhaled nitric oxide treatment. The judge is now contemplating whether to grant an injunction to stop the competitor’s product or award the full monetary compensation to Mallinckrodt Pharmaceuticals.

Mallinckrodt Pharmaceuticals has been involved in a legal battle over patents related to nitric oxide delivery devices. The company holds patents such as 8,776,794, 9,279,794, and 9,919,118, which cover systems and methods for compensating long-term sensitivity drift of electrochemical gas sensors exposed to nitric oxide.

Law firms involved in the case include Phillips McLaughlin, Richards Layton, and Sterne Kessler. Companies mentioned in the legal dispute are Airgas Inc., Cottrell Inc., and Mallinckrodt PLC. Government agencies such as the Food and Drug Administration and the U.S. District Court for the District of Delaware are also involved in the case.

The judge overseeing the case is Richard G. Andrews, and the legal proceedings are taking place in the U.S. District Court for the District of Delaware.