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  • long_nwac long_nwac Jan 6, 2010 4:48 PM Flag

    Highlights of $100 mill Patent Lawsuit against Chattem now Sanofi's problem

    Chattem and the Icy Hot Family of Patches
    Chattem sells the Icy Hot family of patches. These patches all have the same core
    structure and composition described in LecTec’s ‘263 and ‘510 patents. They are non-occlusive
    and include a backing material and an adhesive hydrocolloidal gel, comprised of a polymer and a
    medicament, which partially penetrates the backing material. Ex. 1, Guy Decl., ¶¶13-15. The
    Icy Hot patches have been tested to show a MVTR of between about 990 and 1060 g/m2/24 hrs
    and that the hydrogel penetrates into the backing between about 20% and 22%. Ex. 2, Cussler
    Decl., ¶5.
    Case 5:08-cv-00130-DF Document 62 Filed 02/06/2009 Page 16 of 30
    1 2
    LecTec is no stranger to Chattem. In April of 1999, Chattem visited LecTec’s facility for
    the express purpose of exploring whether Chattem engage LecTec to manufacture Chattem’s Icy
    Hot patches. See e.g. Ex. 16 [LCTC 0009657]. LecTec worked with Chattem for several months
    and eventually shipped Chattem 6000 patches for internal testing and consumer use testing. See
    e.g. Ex. 17 [LCTC 0002881]. After receiving the patches, Chattem declined to work with
    LecTec.
    Upon information and belief, Chattem selected the Japanese company Lead Chemical to
    make the Icy Hot Patch. Ex. 18, Chattem Initial Rule 26(a)(1) Disclosures. Lead Chemical’s
    own patents show that Lead was using a rubber adhesive-- which causes occlusion-- as late of
    1996, at least two years after LecTec filed its patent applications. Ex. 19, U.S. Patent No.
    5,695,779 (“Lead Chemical Patent”). Chattem’s Icy Hot Patch, however, did not use Lead’s
    rubber adhesive. Rather, the Icy Hot Patch, like the teachings of the ‘263 and ‘510 patents is
    non-occlusive and includes a backing material and a hydrocolloidal gel having a polymer and a
    medicament that partially penetrates the backing material.


    THIS IS WILLFUL INFRINGEMENT WHICH PAYS TRIPLE DAMAGES.....NO WONDER CHATTEM SOLD OUT CHEAP TO SANOFI WHO NOW GETS THIS BAGGAGE

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