Federal Circuit Affirms Ultracet Decision

Law360, New York (January 19, 2007, 12:00 AM EST) -- The U.S. Court of Appeals for the Federal Circuit upheld a lower court ruling Friday that allowed a subsidiary of India’s Sun Pharmaceuticals to market a generic version of Johnson & Johnson’s pain medication Ultracet.

The court’s three-judge panel said that after “considering the intrinsic and extrinsic evidence in this case” there was no error in the district court’s construction of the terms in the case. And under the district court’s claim construction, the appeals court said there was not literal infringement.

The appeals court also...
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