In Blow To Ivax, Judge Upholds Lexapro Patent

Law360, New York (July 14, 2006, 12:00 AM EDT) -- A federal judge has upheld Forest Laboratories Inc.’s patent on the blockbuster antidepressant drug Lexapro, thwarting Ivax Pharmaceuticals Corp.’s plans to market a generic.

In an opinion issued Thursday in the U.S. District Court in Delaware, Judge Joseph Farnan, Jr. rejected Ivax’s argument that the patent was anticipated, obvious and impermissibly broadened upon reissue.

“The defendants have failed to carry their ultimate burden of demonstrating invalidity by clear and convincing evidence,” Farnan wrote.

In the trial, which began in March, Ivax acknowledged that it infringed Forest...
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