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Lexapro Patent Upheld On Appeal

Law360 (September 5, 2007, 12:00 AM EDT) -- A federal appeals court panel has upheld both the validity of Forest Laboratories Inc.’s patent on the blockbuster antidepressant drug Lexapro and an injunction thwarting Ivax Pharmaceuticals Corp.’s plans to market a generic.

The U.S. Court of Appeals for the Federal Circuit ruled Wednesday that the lower court correctly rejected Ivax's argument that the patent was anticipated, obvious and impermissibly broadened upon re-issue.

“We agree with Forest that the district court’s factual findings ... are not clearly erroneous, and, based upon those findings, we find no...
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