Teva Fails To Block Paddock's Cenestin ANDA

Law360, New York (June 2, 2010, 3:22 PM EDT) -- A federal judge has ruled that Teva Women's Health Inc.'s actions during the patent application process have doomed its infringement suit against Paddock Laboratories Inc. over a generic version of menopause drug Cenestin.

Judge Leonard B. Sand of the U.S. District Court for the Southern District of New York granted Paddock summary judgment Tuesday, finding the doctrine of prosecution history estoppel prevented Teva from arguing that the defendant had infringed U.S. Patent Number 5,908,638 under the doctrine of equivalents.

The ruling closes the case and paves...
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