Jury To Decide Roche Battle Over Generic Boniva

Law360, New York (October 1, 2010, 6:17 PM EDT) -- The judge overseeing Hoffmann-La Roche Ltd.'s suits against Apotex Inc. and Cobalt Pharmaceuticals Inc.'s over planned generic versions of bone loss prevention treatment Boniva has ruled that a jury must decide whether the plaintiff engaged in inequitable conduct when procuring a patent for the drug.

Judge Stanley R. Chesler of the U.S. District Court for the District of New Jersey on Thursday denied cross-motions for summary judgment on the defendants' affirmative defense of inequitable conduct, finding that the claim rests on factual disputes.

According to Judge...
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