Sunovion Asks Fed. Circ. To Toss Lunesta Ruling

Law360, New York (July 11, 2013, 6:58 PM EDT) -- Sunovion Pharmaceuticals Inc. asked the Federal Circuit on Thursday to toss a New Jersey federal court's ruling of noninfringement that freed Dr. Reddy's Laboratories Ltd. from a suit over its proposed generic version of Sunovion's blockbuster sleep aid Lunesta.

Sunovion's attorney Joseph M. O'Malley told a three-judge panel at oral argument Thursday that the lower court had erred by not applying the plain meaning of the word "essentially" in construing a disputed claim term — "essentially free" — for the patent at issue.

Dr. Reddy's plans...
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