Fed. Circ. Sides With Otsuka In Abilify Patent Validity Debate

Law360, New York (May 7, 2012, 5:59 PM EDT) -- The Federal Circuit on Monday affirmed a lower court's ruling that the patent for Otsuka Pharmaceutical Co. Ltd.'s schizophrenia drug Abilify was valid and not obvious, rejecting challenges by companies seeking to market generic versions of the drug.

The appeals court ruled that U.S. District Judge Mary L. Cooper had not erred in November 2010 when she held that Apotex Inc., Teva Pharmaceuticals USA Inc. and Barr Laboratories Inc. had failed to prove that a person skilled in the art would have combined the prior art...
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