Fed. Circ. Upholds Unigene Win Over Fortical Patents

Law360, San Diego (August 25, 2011, 4:54 PM EDT) -- The Federal Circuit on Thursday declined to revive Apotex Inc.’s counterclaims and bid for summary judgment in Unigene Laboratories Inc.’s suit alleging the generic-drug maker infringed two patents for Fortical nasal spray.

The three-judge panel determined that a New York federal court correctly granted Unigene summary judgment that one of the claims of Unigene’s U.S. Patent Number RE40,812E was not obvious as well as rejected Apotex’s motion to add inequitable conduct counterclaims and its bid seeking to breach the attorney-client privilege under the crime-fraud exception....
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