Fed. Circ. Revives Teva's Suit Over Aricept Patents

Law360, New York (October 7, 2010, 12:42 PM EDT) -- A federal appeals court has revived Teva Pharmaceuticals USA Inc.’s effort to get a declaratory judgment on Eisai Co. Ltd.’s patents for Aricept so the generics maker can get approval for its own version of the Alzheimer’s drug.

The U.S. Court of Appeals for the Federal Circuit said Wednesday that Teva’s suit against Eisai indeed presented an Article III controversy, and reversed and remanded a lower court ruling that had tossed the suit.

The appeals court said the delay Teva has experienced in obtaining regulatory approval...
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