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PTO Erred In Nixing Takeda's Double-Patent: Judge

Law360 (September 27, 2007, 12:00 AM EDT) -- A District of Columbia federal judge has ordered the U.S. Patent and Trademark Office to reexamine a Takeda Pharmaceutical Co. Ltd. method patent for a group of antibiotics and its ruling that the Japanese drug manufacturer did not extend the rights of a previous patent.

Chief Judge Thomas F. Hogan ruled that there were other methods for creating the antibiotic cephem compound described in Takeda's process patent and granted the Japanese drug maker's motion for summary judgment against the PTO.

“Because viable, alternative processes exist to...
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