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06/27/2008
McAndrews, Held & Malloy Secures Victory For Walgreen Co.
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CHICAGO, IL – June 27, 2008 – McAndrews, Held & Malloy announced today that it has secured a victory for its client Deerfield, Ill.-based Walgreen Co. (NYSE: WAG) against ABP Patent Holdings, LLC of Port Orange, Fla., in a patent case involving the pharmacy labels that Walgreens uses in all of its stores.
McAndrews filed a voluntary dismissal of the case in the U.S. District Court for the Northern District of Illinois, Eastern Division. The dismissal follows ABP’s covenant not to sue Walgreens for infringement of U.S. Patent Nos. 5,642,906, 5,855,395, 6,036,231, 6,715,796 and 7,225,052, and all related applications.
In December 2007, ABP sent a letter to Walgreens asserting that Walgreens and/or its supplier needed a license to ABP’s patents for Walgreens’ new pharmacy label. In March 2008, Walgreens filed an action for declaratory judgment of non-infringement, invalidity and unenforceability relating to ABP’s patents. In less than three months after that action was filed, McAndrews secured the covenant not to sue by demonstrating that Walgreens’ pharmacy label did not infringe any valid claim of the ABP patents.
“This is an important victory that allows our client to continue to operate its pharmacies in more than 6,000 stores without the threat of litigation,” said McAndrews founding partner Timothy J. Malloy.
Walgreens is represented by McAndrews shareholders Timothy J. Malloy, Jay Nuttall and partner John L. Abramic.
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About McAndrews, Held & Malloy
Founded in 1988, McAndrews, Held & Malloy is one of the nation’s preeminent legal resources on intellectual property, antitrust and technology matters, serving institutions ranging from major multinationals and start-ups to world-class colleges and universities. The firm’s technically trained attorneys have built an unparalleled record of litigation successes in jury trials, bench trials and ADR proceedings. In addition, McAndrews offers its clients services in the following areas: patent and trademark procurement and portfolio management, patent interferences, trademark oppositions and cancellations, international practice, intellectual property/technology opinions and investigations, due diligence and M&A support, technology licensing and joint ventures, and technology transfers and donations. Additional information can be found at http://www.mcandrews-ip.com.
CONTACT:
Randy Labuzinski / David Schulte
Healy & Schulte
312/765-8770
rlabuzinski@healyandschulte.com
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