Supreme Court Won't Take On Omnicef Patent Case

By James Armstrong

Law360, New York (January 11, 2010, 6:48 PM ET) -- In a setback for drug companies trying to enforce broad interpretations of their patents, the U.S. Supreme Court on Monday declined to hear Astellas Pharma Inc.'s case against generic-drug makers that allegedly infringed a patent for the drug Omnicef.

With the Supreme Court declining the bid for certiorari, an en banc decision in the case by the U.S. Court of Appeals for the Federal Circuit, which affirmed a partial summary judgment of noninfringement by generic-drug maker Lupin Pharmaceuticals Inc., will stand.

"Obviously we're thrilled, and it...
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