Some Counterclaims Tossed In Roche Suit Over Xeloda

Law360, New York (December 11, 2009, 11:57 AM EST) -- A federal judge has dismissed claims, counterclaims and defenses arising from five unasserted claims in Hoffmann-La Roche Inc.'s lawsuit against Mylan Pharmaceuticals Inc. over a patent for the oral chemotherapy drug Xeloda, finding that the court lacked subject matter jurisdiction over those claims.

Judge William J. Martini of the U.S. District Court for the District of New Jersey dismissed those claims Wednesday, leaving in play only allegations stemming from the sixth claim of the patent, the single claim Roche says Mylan infringed by seeking U.S. Food...
To view the full article, register now.