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Fed. Circ. Backs AstraZeneca, Impax Win In Zomig Patent Suit

Law360 (June 28, 2018, 4:14 PM EDT) -- The Federal Circuit on Thursday affirmed a Delaware federal court ruling that rejected arguments made by generic-drug maker Lannett Co. Inc. that two AstraZeneca AB nasal spray patents covering Impax's migraine drug Zomig are invalid, finding that it wasn’t obvious to make the drug into a nasal spray.

In a 17-page opinion, a unanimous three-judge panel said the “case was close” but that ultimately the lower court got it right when it rejected arguments that prior art at the time made AstraZeneca’s patents obvious.

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