Apotex Urges High Court To Nix 'Lead Compound' Patent Test

Law360, New York (November 8, 2012, 4:42 PM EST) -- Apotex Inc. asked the U.S. Supreme Court on Monday to review the Federal Circuit's so-called lead compound test for evaluating the obviousness of pharmaceutical patents, arguing the test makes it too difficult for generics makers to get obvious patents invalidated.

The company, which sought to make a generic version of Otsuka Pharmaceutical Co. Ltd.'s schizophrenia drug Abilify, is challenging the Federal Circuit's May ruling that the patent covering the drug is not obvious.

To determine whether a pharmaceutical compound would be obvious in view of prior...
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