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Federal Circuit Backs Teva In Patent Challenge

Law360 (March 30, 2007, 12:00 AM EDT) -- In yet another sign that patent challenges are becoming easier following a key Supreme Court ruling in January, an appeals court sided Friday with Israeli drug maker Teva Pharmaceutical Industries Ltd. in its dispute with Switzerland’s Novartis AG over the herpes drug Famvir.

The U.S. Court of Appeals for the Federal Circuit overturned a lower court’s decision in favor of Novartis, which had dismissed a declaratory judgment action brought by Teva.

The case centered on whether Teva had an “actual controversy,” a topic addressed by the...
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