Depomed Secures Summary Judgment Against Ivax

Law360, New York (December 13, 2007, 12:00 AM EST) -- Specialty pharmaceutical company Depomed Inc. has won summary judgment in its infringement suit against a Teva Pharmaceutical Industries Ltd. subsidiary over two patents for Depomed’s AcuForm controlled-release drug delivery technology.

Judge Charles R. Breyer of the U.S. District Court for the Northern District of California concluded Wednesday that a jury would find Ivax Corp.’s generic extended-release metformin hydrochloride tablets infringe on Depomed’s patents.

The judge also denied Ivax’s three bids for summary judgment of invalidity, no willful infringement and inequitable conduct.

“The impact of the court’s...
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