Court Affirms Noninfringement Of Hypertension Drug

Law360, New York (October 12, 2007, 12:00 AM EDT) -- An appellate court has denied Schwarz Pharma AG's request to reverse a noninfringement ruling for a patent covering hypertension drug Univasc, ruling that asserted claims were abandoned during the patent application process.

The U.S. Court of Appeals for the Federal Circuit on Friday affirmed a lower court's ruling that Paddock Laboratories Inc. did not infringe the patent because prosecution history estoppel barred Schwarz from relying on the doctrine of equivalents to establish infringement. Schwarz had conceded that Paddock did not literally infringe the patent but asserted...
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