Court Keeps Aciphex Free Of Generic Competition

Law360, New York (May 11, 2007, 12:00 AM EDT) -- A district court ruled Friday that generic drug companies Teva Pharmaceutical Industries Ltd. and Dr. Reddy’s Laboratories Ltd. infringed Eisai Co. Ltd.’s patent on the ulcer medicine Aciphex.

In a 62-page opinion, Judge Gerard E. Lynch of the U.S. District Court in Manhattan said Japanese pharmaceutical company Eisai had not engaged in inequitable conduct.

“Defendants have failed to prove inequitable conduct by clear and convincing evidence, and…plaintiffs accordingly have established their claim of patent infringement,” Judge Lynch wrote.

The U.S. subsidiary of Eisai first sued India-based...
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