Mylan Says Cephalon’s IP Win Based On Wrong Construction

Law360, Los Angeles (August 26, 2013, 9:09 PM EDT) -- Mylan Pharmaceuticals Inc. on Friday urged the Federal Circuit to reverse a district court's ruling that it infringed three patents for Cephalon Inc.'s cancer painkiller Fentora, saying the lower court failed to use the proper claim construction in making its ruling.

In Friday's brief, Mylan told the Federal Circuit that U.S. District Judge Sue Robinson erred in finding its proposed generic version of Fentora infringed three of Cephalon's patents, arguing that the court deviated from the agreed-upon claim construction. Mylan also contested the judge's finding that two of Cephalon's...
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