Hepatitis B Patent Ruling 'Infected,' BMS Tells Fed. Circ.

Law360, New York (August 27, 2013, 6:12 PM EDT) -- Bristol-Myers Squibb Co. on Monday urged the Federal Circuit to reverse a decision that invalidated its patent covering the hepatitis B drug Baraclude, arguing that the district court relied on faulty legal reasoning to determine that the drug was obvious in favor of generic-drug maker Teva Pharmaceutical Industries Ltd.

In a 41-page brief, Bristol-Myers bashed the February decision by U.S. Magistrate Judge Christopher J. Burke, saying that the the court ignored multiple pieces of evidence that showed that Baraclude was a significant advance in an unpredictable...
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