Patent, Antitrust Case Over Generic Amrix Bifurcated

Law360, New York (October 6, 2009, 7:08 PM EDT) -- Mylan Inc., defendant in a patent infringement suit over its efforts to make a generic version of the drug Amrix, will not be able to raise antitrust counterclaims or a patent misuse defense until the infringement trial is over, a federal judge has ruled.

Judge Sue Robinson of the U.S. District Court for the District of Delaware sided with plaintiff Cephalon Inc. in an order issued Friday, ruling that the antitrust-related counterclaims and affirmative defenses could be rendered moot should Cephalon succeed in proving infringement. The...
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