7th Circ. Overturns Affymax Foreign Patent Ruling

Law360, New York (October 3, 2011, 4:56 PM EDT) -- The Seventh Circuit on Monday reversed a decision to toss an arbitration panel's award of a foreign patent's ownership to Ortho-McNeil Pharmaceutical Inc. in a contract dispute with drug development company Affymax Inc.

A district court had ruled that the arbitration panel had disregarded the law in its decision, but a three-judge panel for the Seventh Circuit said the lower court had not shown which law the panel had violated.

"The judge inferred from silence that the arbitrators must have had an extracontractual ground [on which...
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