Fed. Circ. Affirms Patent Extension For Levaquin

Law360, New York (May 11, 2010, 2:02 PM EDT) -- A federal appeals court has upheld a two-year patent extension and accompanying injunction against infringement awarded to Japanese drugmaker Daiichi Pharmaceutical Co. for its antibiotic Levaquin, striking down Lupin Pharmaceuticals Inc.'s challenge to the extension.

Daiichi's patent on the drug, known generically as levofloxacin, was properly granted the statutory term extension, a three-judge panel in the U.S. Court of Appeals for the Federal Circuit ruled Monday.

Levofloxacin is a different drug product from the related “racemate” drug ofloxacin, and was subject to regulatory approval before it...
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