Divided Fed. Circ. Nixes Rehearing Of Mirapex Spat

Law360, New York (May 7, 2010, 5:19 PM EDT) -- A federal appeals court has refused to rehear a case that gave a win to pharmaceutical company Boehringer Ingelheim International GmbH and firmed up the safe harbor provisions of 35 U.S.C. § 121, a choice that could lead to “extreme mischief,” dissenting judges warned.

The U.S. Court of Appeals for the Federal Circuit will not give a panel rehearing or en banc rehearing to Mylan Pharmaceuticals Inc. in its case against Boehringer, the court said in a decision handed down Friday.

The decision cements the validity...
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