Apotex Dodges Extra Damages In Prilosec Patent Suit

Law360, New York (June 10, 2010, 12:29 PM EDT) -- A federal judge has ruled that Apotex Corp. did not willfully violate two patents held by AstraZeneca AB when it began selling a generic version of Prilosec in 2003, precluding AstraZeneca from receiving increased damages in its infringement win over the heartburn drug.

Judge Barbara S. Jones of the U.S. District Court for the Southern District of New York ruled Wednesday that AstraZeneca had failed to prove Apotex acted with objective recklessness in manufacturing its generic drugs.

To prove a party acted willfully, a patent holder...
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