Federal Circuit Affirms Invalidity Of Toprol Patents

Law360, New York (July 24, 2007, 12:00 AM EDT) -- An appellate court on Monday upheld a ruling finding AstraZeneca PLC's patents covering its blockbuster heart drug Toprol-XL invalid due to obviousness, but overturned a lower court's ruling of inequitable conduct.

The U.S. Court of Appeals for the Federal Circuit agreed with the district court’s January ruling of invalidity, agreeing that the pharmaceutical giant's patents constituted double patenting. However, the Federal Circuit also vacated the lower court’s finding of inequitable conduct against AstraZeneca.

Generic drug maker Andrx Pharmaceuticals LLC, along with KV Pharmaceutical Co. and Eon...
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