'Absurd' To Argue PTAB Wins Bar Patent Cases: Generics Cos.
Law360 (February 19, 2019, 10:44 PM EST) -- The America Invents Act doesn't stop patent challengers who won at the Patent Trial and Appeal Board from pursuing their winning arguments in court, and blocking that judicial path would lead to "absurd results," a group of generic-drug makers told the Federal Circuit on Tuesday.
The generics makers, including Mylan Pharmaceuticals Inc. and Amneal Pharmaceuticals LLC, took aim at the contentious interpretation of the AIA's estoppel provision in a Tuesday filing that urged the Federal Circuit to uphold a lower court's invalidation of patents on the cancer drug Zytiga held by Johnson & Johnson unit Janssen Biotech Inc.
Barring patent challengers...
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