Federal Circuit Lets Apotex Challenge Acular Patent Again

Law360, New York (May 19, 2005, 12:00 AM EDT) -- The U.S. Court of Appeals for the Federal Circuit has granted Canadian generics maker Apotex Inc. a second chance to seek the invalidation of a patent for Allergan Inc.’s eye-inflammation treatment Acular.

The Washington appeals court sent the case back to U.S. District Judge Martin Jenkins of the Northern District of California after finding that the judge had committed a “clear error” in concluding that Allergan's patent was valid because it wasn't an obvious variation of earlier known compounds.

“The District Court should consider Apotex's claim...
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