Apotex Acular ANDA Infringes Roche: Fed. Circ.

Law360, New York (July 9, 2008, 12:00 AM EDT) -- A federal appeals court has affirmed a ruling that Apotex’s application for a generic version of the anti-inflammatory eye treatment Acular infringed a patent held by Roche Palo Alto LLC and licensed to Allergan LLC, finding the Canadian drugmaker had failed to prove that the reverse doctrine of equivalents was applicable in the case.

The U.S. Court of Appeals for the Federal Circuit on Wednesday upheld a lower court’s award of summary judgment to Roche and Allergan, finding no error in the district court’s dismissal of...
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