Federal Circuit Upholds Patent Ruling In Diprivan Case

Law360, New York (November 16, 2006, 12:00 AM EST) -- The Federal Circuit Court of Appeals has upheld a lower court’s ruling that Mayne Pharma infringed on AstraZeneca’s patents for its anesthetic and sedative Diprivan, although the lower court did err in one of its findings.

Mayne Pharma had appealed the decision of the U.S. District Court for the Southern District of New York that found that Mayne had infringed on patents for AstraZeneca’s anesthetic Diprivan.

On Wednesday, the Federal Circuit reversed the district court’s finding of literal infringement and the claim construction in its construction...
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