Mylan's Levaquin Appeal Shot Down By Federal Circuit

Law360 (December 21, 2005, 12:00 AM EST) -- In a victory for Johnson & Johnson, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s ruling preventing drug maker Mylan Laboratories Inc. from duplicating its lucrative anti-infective drug Levaquin.

Ortho-McNeil, a Johnson & Johnson company that sells Levaquin in the United States, filed the lawsuit against Pennsylvania-based Mylan in February 2002, in the U.S. District Court for the Northern District of West Virginia.

The ruling affirms a December 2004 decision from district judge Irene Keeley that barred Mylan’s West Virginia-based generic...
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