Federal Circuit Boosts Impax In Aventis Patent Suit

Law360 (November 21, 2006, 12:00 AM EST) -- A federal appeals court has given generic drug maker Impax Laboratories Inc. another chance to strike down a hotly contested patent for the Lou Gehrig's disease treatment held by rival Aventis Pharmaceuticals Inc.

With the ruling, issued Monday, the U.S. Court of Appeals for the Federal Circuit rejected a lower court’s decision that Impax failed to prove the Aventis patent was invalid due to anticipation.

Impax argued the Aventis patent shouldn't have been issued because previous research into the neuromuscular disorder had already covered the developments....
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