Law360, New York (October 01, 2010, 6:17 PM ET) -- The judge overseeing Hoffmann-La Roche Ltd.'s suits against Apotex Inc. and Cobalt Pharmaceuticals Inc.'s over planned generic versions of bone loss prevention treatment Boniva has ruled that a jury must decide whether the plaintiff engaged in inequitable conduct when procuring a patent for the drug.
Judge Stanley R. Chesler of the U.S. District Court for the District of New Jersey on Thursday denied cross-motions for summary judgment on the defendants' affirmative defense of inequitable conduct, finding that the claim rests on factual disputes.