Fed. Circ. Lifts Lupin Ban In Generic Fortamet Fight

Law360, Los Angeles (February 6, 2012, 8:35 PM EST) -- The Federal Circuit on Monday reversed an order requiring Lupin Ltd. to stop selling its generic version of Type 2 diabetes treatment Fortamet, vacating the preliminary injunction on grounds that the lower court hadn’t considered Lupin’s obviousness defense in the patent infringement suit.

“Lupin is entitled to have the district court make an independent assessment of its defense and apply the proper burden of proof,” Circuit Judge Kimberly A. Moore wrote for a three-judge panel Monday. “The district court’s order imposing the preliminary injunction failed to...
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