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Federal Circuit Rules Against Owl Pharma In Patent Dispute Over Prostate Cancer Drug

Law360 (August 22, 2005, 12:00 AM EDT) -- The Federal Circuit has ruled against Ohio-based generic drug manufacturer Owl Pharmaceutical, preventing the company from making a copycat version of prostate cancer drug Lupron Depot.

Lupron Depot, made by plaintiff Tap Holdings Inc., is a sustained-release prostate cancer treatment. Tap sued Owl in November 1999 after Owl completed an Abbreviated New Drug Application with the Food and Drug Administration to create a generic version of Lupron Depot.

In U.S. District Court for the Northern District of Ohio, Owl claimed the Tap patents were invalid, not...
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