APP Takes Angiomax Patent Extension Fight To Fed. Circ.

Law360, Washington (November 15, 2011, 6:10 PM EST) -- APP Pharmaceuticals LLC tried to convince the Federal Circuit on Tuesday that it has standing and can prove injury sufficient to challenge the extension of The Medicines Co.'s patent for its anti-coagulant Angiomax in extension proceedings instead of an infringement suit.

In August 2010 MDCO won summary judgment in its second suit challenging the U.S. Patent and Trademark Office's rejection of its patent extension application. A Virginia federal court ruled that the USPTO should adopt an interpretation of Section 156 of the Hatch-Waxman Act that includes...
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