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Judge Rejects Biovail's Claim Construction In Diltiazem Patent Suit

Law360 (July 23, 2004, 12:00 AM EDT) -- A federal judge has declined to accept Biovail Laboratories Inc.'s claim construction for a key term in the drug maker’s patent infringement lawsuit against Canadian generics maker Apotex over the extended-release form of the hypertension treatment Diltiazem.

In her ruling, U.S. District Judge Biovail Anita B. Brody of the Eastern District of Pennsylvania found that Biovail had misinterpreted the significance of a Markush group, a listing of specified alternatives of a group in a patent claim. As a result, she rejected Biovail’s claim construction in the...
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