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Upjohn, J&J to pay P&G 7% of Motrin IB Sinus, Sine-Aid IB sales under jury decision.

This article was originally published in The Tan Sheet

Executive Summary

MCNEIL, UPJOHN ORDERED TO PAY RICH-VICKS 7% ROYALTIES on "infringing sales" of Motrin IB Sinus and Sine-Aid IB under a May 10 decision resolving a patent infringement suit filed by Procter & Gamble's Richardson-Vicks unit Dec. 1, 1993. The jury found that Rich-Vicks' patent for "cough-cold mixtures comprising nonsteroidal anti-inflammatory drugs" containing 200 mg ibuprofen and 30 mg pseudoephedrine is valid and enforceable, and decided that Rich-Vicks is entitled to "a reasonable royalty rate" of 7% of the infringing products' sales from Dec. 1, 1993 to the present.

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