USPTO Can't Dodge Exela Suit Over Patent Revival

Law360, New York (August 23, 2012, 2:40 PM EDT) -- A Virginia federal judge on Wednesday preserved Exela Pharma Sciences LLC's lawsuit alleging the federal government improperly revived a patent related to injectable acetaminophen treatment Ofirmev, a significant victory as the company defends itself in a separate patent infringement case.

Exela's complaint against the U.S. Patent and Trademark Office is an effort to beat back two patent infringement claims brought by a rival drugmaker, whose case would be damaged if one of the patents were deemed invalid.

The USPTO had argued in the instant suit that...
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