Fed. Circ. Refuses To Nix Bayer's Animal Drug IP Suit

Law360, New York (March 29, 2010, 1:53 PM EDT) -- A federal appeals court has declined to overturn a lower court's decision not to throw out a patent infringement suit brought by Bayer HealthCare LLC against Norbrook Laboratories Ltd. over its efforts to market a generic version of a bovine respiratory disease treatment.

The U.S. Court of Appeals for the Federal Circuit on March 23 declined to hear Norbrook’s interlocutory appeal. A district court judge rejected Norbrook’s motion for judgment on the pleadings in September, prompting the company to appeal the U.S. District Court for the...
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