Apotex Slapped With Injunction In Fortical Patent Suit

Law360, New York (September 1, 2009, 5:54 PM EDT) -- A federal judge has issued a permanent injunction barring generic-drug maker Apotex Corp. from infringing a patent for nasal spray Fortical, in a dispute with Unigene Laboratories Inc. and Upsher-Smith Laboratories Inc.

Judge Robert P. Patterson Jr. of the U.S. District Court for the Southern District of New York on Monday granted the plaintiffs' summary judgment motion and rejected Apotex's argument that the claim at issue was invalid for obviousness.

Apotex's burden to prove invalidity was heavier because the patent had been through the reissue process,...
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