Fed. Circ. Keeps Tyco Appeal Alive In Restoril Row

Law360, New York (January 27, 2011, 8:04 PM EST) -- The Federal Circuit on Thursday denied the former Mutual Pharmaceutical Co. Inc.'s bid to scrap Tyco Healthcare Group LP’s appeal in a suit alleging Mutual infringed four Tyco patents in creating a generic version of the sleep aid Restoril.

The U.S. Court of Appeals for the Federal Circuit rejected Mutual’s motion to dismiss, saying the company failed to show that a lower court improperly entered final judgment against Tyco, allowing it to appeal.

Mutual, now known as URL Pharma Inc., argued that the U.S. District Court...
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