Infringement Claims Nixed In Focalin Patent Suits

Law360, New York (January 13, 2009, 12:00 AM EST) -- Continuing a trend in Focalin patent litigation, a federal judge has tossed claims for willful infringement from two actions filed by Celgene Corp. and Novartis Pharmaceuticals Corp. to block generic versions of the attention deficit hyperactivity disorder medication.

Judge Freda L. Wolfson of the U.S. District Court for the District of New Jersey ruled Monday that defendant Teva Pharmaceuticals USA Inc. could not be held liable for willful infringement of two Focalin IR patents because Teva had done little more than submit an abbreviated new drug...
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