Fed. Circ. Nixes Dr. Reddy's Patent Win On Generic Lunesta

Law360, New York (September 26, 2013, 8:08 PM EDT) -- The Federal Circuit ruled Thursday that Dr. Reddy's Laboratories Inc.'s planned generic version of Sunovion Pharmaceuticals Inc.'s sleep aid Lunesta infringes Sunovion's patent, reversing a lower court and deriding Dr. Reddy's "unconventional" promise that its version doesn't infringe.

The ruling completely flips a district court judge's January decision to grant Dr. Reddy's summary judgment of noninfringement. Rather than remanding for further proceedings, the Federal Circuit held that Dr. Reddy's abbreviated new drug application in fact infringes Sunovion's patent as a matter of law.

Sunovion's patent covers...
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