Endo Can't Shake Claims In Roche Generic Valcyte Suit

Law360, New York (February 24, 2011, 3:21 PM EST) -- A federal judge on Wednesday refused to toss Roche Palo Alto LLC’s bid for declaratory judgment of patent infringement in its suit over Endo Pharmaceuticals Inc.’s move to develop a generic version of antivirus drug Valcyte.

Judge Gregory M. Sleet issued an oral order during a teleconference at the U.S. District Court for the District of Delaware, rejecting Endo’s attempt to jettison Roche’s claim for declaratory judgment from the infringement action.

Endo argued that the claim for declaratory judgment of indirect infringement is untenable because Roche...
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