Boehringer's Mirapex Patent Declared Invalid

By Amanda Ernst

Law360, New York (June 27, 2008, 12:00 AM ET) -- In a blow to German pharmaceutical company Boehringer Ingelheim International GmbH, a federal judge has ruled that a patent covering the company’s restless leg syndrome treatment Mirapex is invalid due to nonstatutory double patenting.

On Thursday, Judge Joseph J. Farnan Jr. of the U.S. District Court for the District of Delaware found that abbreviated new drug applications filed by Barr Pharmaceuticals Inc. and Mylan Pharmaceuticals Inc. infringed Boehringer’s patent, but since the patent was invalid, the generics companies won the day.

Boehringer sued Barr and Mylan...
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