Novartis' Lescol Patent Enforceable, Judge Says

Law360, New York (January 28, 2011, 3:54 PM EST) -- A federal judge has shot down Mylan Pharmaceuticals Inc.'s bid to manufacture a generic version of Novartis Pharmaceuticals Corp.'s anti-cholesterol drug Lescol, ruling that a patent covering the treatment is enforceable.

Judge Peter G. Sheridan of the U.S. District Court for the District of New Jersey issued an order Wednesday granting Novartis' motion for summary judgment of no prosecution laches and no patent misuse while denying Mylan's bid for summary judgment on its prosecution laches affirmative defense.

Mylan had argued that U.S. Patent Number 5,354,772 should...
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