Appeals Court Affirms Abbott's Biaxin Injunction

Law360 (January 5, 2007, 12:00 AM EST) -- An appeals court has upheld a lower court’s decision to grant a preliminary injunction barring Andrx Corp. from bringing to market a generic version of Abbott Laboratories’ antibiotic Biaxin XL.

Friday’s ruling by the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s decision to grant the injunction in 2005, based on the district court judge’s conclusion that Abbott was likely to prove infringement of the three patents at issue in the case.

“We’re pleased the appellate court upheld the preliminary injunction,” said...
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