Natco Asks Fed Circ. To Reverse Gilead's Tamiflu Win

Law360, New York (July 24, 2013, 5:42 PM EDT) -- Generic-drug manufacturer Natco Pharma Ltd. on Monday urged the Federal Circuit to invalidate a Gilead Sciences Inc. patent for the flu drug Tamiflu, saying that a New Jersey district court’s refusal encourages pharmaceuticals to manipulate rules governing patent lifespans.

Natco told the Federal Circuit that the New Jersey court erred in finding that Gilead could maintain exclusivity over the drug pursuant to an active patent that had been filed as a modification of an earlier-filed Gilead patent. That the modified patent was granted after the issuance...
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