Fed. Circ. Nixes Apotex Appeal In Taxotere IP Fight

Law360, New York (March 24, 2011, 4:51 PM EDT) -- The Federal Circuit on Thursday struck down an Apotex Corp. protective cross-appeal in Sanofi-Aventis SA's challenge of a lower court finding that two patents for its flagship cancer treatment Taxotere are invalid.

In granting Sanofi's motion to dismiss the cross-appeal, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit ruled that Apotex's cross-appeal was improper because, if successful, it would not expand the scope of the judgment in Apotex's favor.

While Apotex may raise these arguments in its appellees' brief, it cannot...
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