LifeScan v. Polymer Technology International
This article was originally published in The Tan Sheet
Executive Summary
Federal appeals court ruling on Oct. 18 overturns a lower court's decision that denied J&J's LifeScan subsidiary a preliminary injunction barring Polymer from marketing glucose test strips. The appeals court concludes that the district court order did "not indicate that there was any weighing of the evidence or that there were any attempts to discern the merits of the parties' arguments." The district court must "undertake sufficient fact finding" to "redetermine the merits of LifeScan's preliminary injunction motion," the appeals court ruled. A trial is expected to begin in January 1995. Lifescan filed suit against Polymer in December 1993, alleging that Polymer's First Choice test infringed patents related to LifeScan's One Touch test technology