Apotex Challenge To Abilify IP Won't Get High Court Hearing

Law360, New York (January 14, 2013, 4:43 PM EST) -- The U.S. Supreme Court decided Monday not to review the Federal Circuit's so-called lead compound test for evaluating the obviousness of drug patents, denying an Apotex Inc. petition that argued the test made it too hard for generics makers to invalidate obvious patents.

The high court decided not to grant Apotex's Nov. 5 petition for writ of certiorari, which challenged a May ruling by the Federal Circuit in favor of Otsuka Pharmaceutical Co. Ltd., maker of the antipsychotic drug Abilify.

Apotex, which sought to make a...
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