Federal Circuit Hits J&J Unit With One-Two Punch

Law360, New York (September 6, 2006, 12:00 AM EDT) -- In a blow to Johnson & Johnson, the U.S. Court of Appeals for the Federal Circuit has sided with Mylan Laboratories Inc. in the brawl over blockbuster incontinence drug Ditropan XL, ruling that the generic maker did not infringe J&J unit Alza Corp.’s patent.

On Wednesday, the court upheld the non-infringement decision previously handed down by the U.S. District Court for the Northern District of West Virginia, potentially clearing the way for a generic version of the bladder control drug to enter the marketplace.

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