Fed. Circ. Says Teva Can't Block Cenestin Generic

Law360, New York (July 21, 2011, 5:05 PM EDT) -- The Federal Circuit on Thursday ruled that Teva Women's Health Inc.'s decision to narrow the claims of a patent for the menopause drug Cenestin doomed its attempt to block Paddock Laboratories Inc. from making a generic version with a different coating.

Citing the doctrine of prosecution history estoppel, a three-judge panel decided that Teva was barred from suing Paddock for infringement of U.S. Patent Number 5,908,638 after the Israeli drugmaker amended the patent claims during the application process. The decision upholds summary judgment in favor of...
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