Fed. Circ. Nixes Apotex Appeal In Taxotere IP Fight

Law360, New York (March 24, 2011, 4:51 PM EDT) -- The Federal Circuit on Thursday struck down an Apotex Corp. protective cross-appeal in Sanofi-Aventis SA's challenge of a lower court finding that two patents for its flagship cancer treatment Taxotere are invalid.

In granting Sanofi's motion to dismiss the cross-appeal, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit ruled that Apotex's cross-appeal was improper because, if successful, it would not expand the scope of the judgment in Apotex's favor.

While Apotex may raise these arguments in its appellees' brief, it cannot...
To view the full article, register now.