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Fed. Circ. Won't Revisit Abraxis Loss In Naropin Suit

Law360 (March 14, 2011, 5:26 PM EDT) -- The Federal Circuit denied Abraxis BioScience Inc.'s bid for an en banc rehearing Monday in its battle with generic-drug maker Navinta LLC over three patents for Abraxis' injectable pain management drug Naropin.

The U.S. Court of Appeals for the Federal Circuit rejected Abraxis' petition for panel and en banc rehearing in a precedential order, though Judges Kathleen O'Malley and Pauline Newman dissented.

On Nov. 9, a three-judge panel for the Federal Circuit held 2 to 1 that a district court should have granted Navinta's motion to...
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