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P&G patent victory covering OTC ibuprofen combination products overturned by judge.

This article was originally published in The Tan Sheet

Executive Summary

McNEIL AND UPJOHN WILL NOT HAVE TO PAY ROYALTIES TO RICH-VICKS on sales of their ibuprofen/pseudoephedrine cough/cold products, U.S. District Court Judge Sue Robinson concluded in a Jan. 17 opinion and order. The judge overturned a May 10 jury decision that Rich-Vick's patent for the combination was valid and enforceable. The jury also recommended that McNeil and Upjohn pay the Procter & Gamble unit 7% royalties on the "infringing sales" of Motrin IB and Sine-Aid IB ("The Tan Sheet" May 22, 1995, p. 1).
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