Willfulness Claim Struck In Suit Over Xopenex

Law360, New York (September 29, 2008, 12:00 AM EDT) -- A district judge has removed plaintiff Sepracor Inc.'s claim for willful infringement in a battle over a generic version of the asthma drug Xopenex but has kept the company's claim of exceptionality intact.

U.S. District Judge Joseph A. Farnan of the U.S. District Court for the District of Delaware signed an order Friday striking Sepracor's willfulness claims in a lawsuit against generics maker Dey Inc., which filed an abbreviated new drug application to market its own version of Sepracor's levalbuterol hydrochloride inhalation solution.

Judge Farnan cited...
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