Gilead Ditches Double-Patenting Claim In Tamiflu Suit

Law360, New York (December 21, 2012, 5:40 PM EST) -- A New Jersey federal judge ruled Friday that Gilead Sciences Inc. did not unlawfully extend a patent for its flu drug Tamiflu, squashing generics maker Natco Pharma Ltd.'s bid to invalidate the patent in an attempt to market a generic version.

Natco argued that Gilead's U.S. Patent Number 5,763,483 unfairly extended an earlier patent — U.S. Patent Number 5,952,375 — that the pharmaceutical obtained for Tamiflu, and hence was invalid. But U.S. District Judge Susan D. Wigenton said the '483 patent was issued due to a...
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