Fed. Circ. Nixes Injunction On Lupin's Generic Fortamet

Law360, New York (July 2, 2012, 9:22 PM EDT) -- The Federal Circuit on Monday lifted an injunction barring Lupin Ltd. from selling its generic version of Shionogi Pharma Inc.'s diabetes drug Fortamet, ruling that questions remain over whether the patent asserted by Shionogi is obvious.

The ruling marks the second time the appeals court had vacated the injunction. Judge Robert Kugler of the District of Delaware imposed it in December, finding that Shionogi was likely to prevail in the case, but the Federal Circuit found in February that the judge failed to consider Lupin's obviousness...
To view the full article, register now.