Judge Refuses To Nix Bristol-Myers' Sustiva Case

Law360, New York (January 15, 2010, 2:42 PM EST) -- A federal judge has shot down a bid by Mylan Pharmaceuticals Inc. and Matrix Laboratories Ltd. to throw out Bristol-Myers Squibb Co.’s suit alleging the companies have infringed its patent by seeking to gain federal approval of a generic version of HIV treatment Sustiva.

The defendants argued that the suit lacked subject matter jurisdiction because Bristol-Myers' patent was not listed in the U.S. Food and Drug Administration’s Orange Book, which identifies patents that have issued or have been filed in new drug applications, but Judge Joseph...
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