US Has No Immunity In Prezista Patent Case: Judge

Law360, Los Angeles (July 13, 2011, 7:54 PM EDT) -- A New Jersey federal judge Wednesday rejected the federal government’s bid to dismiss counterclaims on sovereign immunity grounds in its patent infringement suit against Mylan Pharmaceuticals Inc. and Lupin Pharmaceuticals Inc. over a generic version of HIV drug Prezista.

“The government is a plaintiff in this case, and as such has consented to the jurisdiction of the federal court system,” U.S. District Judge William H. Walls said. “By initiating suit in federal court, the government waives its sovereign immunity in regard to claims that arise out...
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