Abbott Wins IP Validity Ruling In Niaspan Suit

Law360, New York (May 19, 2011, 3:42 PM EDT) -- The Delaware judge overseeing Abbott Laboratories' lawsuit over Lupin Ltd.'s efforts to make a generic version of the blockbuster cholesterol drug Niaspan handed Abbott a judgment on Thursday of no invalidity on one of its patents.

However, U.S. District Judge Leonard P. Stark refused to grant Abbott's request that the court prohibit Lupin from relying on invalidity defenses based on certain prior art references because Lupin allegedly disclosed them in an untimely manner.

Abbott hit Lupin with the lawsuit in March 2009, claiming that Lupin infringed...
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