Generics Co. Asks Fed. Circ. To Revive Fortican Claims

Law360, New York (March 7, 2011, 6:40 PM EST) -- A generic-drug maker tried Monday to persuade the Federal Circuit to revive its failed counterclaims and bid for summary judgment in Unigene Laboratories Inc.'s suit alleging it infringed two patents for Fortical nasal spray.

Apotex Inc. attorney Manny D. Pokotilow told a three-judge panel of the U.S. Court of Appeals for the Federal Circuit that the U.S. District Court for the Southern District of New York wrongly granted Unigene summary judgment on its argument that one of its patent claims was not obvious, and that it...
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