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Abbott’s Ultane Patent Declared Invalid

Law360 (November 9, 2006, 12:00 AM EST) -- An appeals court panel has invalidated an Abbott Laboratories Inc. patent covering Ultane, thus solidifying rival pharmaceutical company Baxter International Inc.’s ability to sell a generic version of the popular inhaled anesthetic.

The ruling, handed down Thursday by the U.S. Court of Appeals for the Federal Circuit, will not have an affect on sales, as Baxter is already marketing generic Ultane in the United States. However, it does limit Abbott’s options if it wants to continue its long-running patent infringement suit against the generics maker....
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