Federal Circuit Rules For Elan In Naproxen Patent Suit

Law360, New York (May 11, 2004, 12:00 AM EDT) -- The U.S. Court of Appeals for the Federal Circuit has reversed a lower court’s decision to invalidate drug maker Elan's patent for controlled-release naproxen.

The appeals court found that the U.S. District Court for the Southern District of Florida had erred in concluding that Elan had offered to sell the patented invention more than one year prior to filing its patent application and that the on-sale bar had accordingly been triggered.

As a result, it reversed the lower court’s decision and sent the case back to...
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