BMS Urges Fed. Circ. To Revive Hepatitis B Drug Patent

Law360, Washington (December 5, 2013, 5:47 PM EST) -- Bristol-Myers Squibb pushed a Federal Circuit panel on Thursday to revive its patent covering the hepatitis B drug Baraclude, alleging a lower court applied improper legal standards when it found in favor of generic-drug maker Teva Pharmaceutical Industries Ltd. and determined that Bristol-Myers' patent was obvious.

According to Bristol-Myers' counsel William F. Lee, U.S. Magistrate Judge Christopher J. Burke ignored the court's factual findings and used hindsight to determine that Bristol-Myers' Baraclude patent was obvious, even though the court determined the drug had unexpected results....
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