Teva's Counterclaims Against ADHD Patent To Stand

Law360, New York (March 11, 2008, 12:00 AM EDT) -- A federal judge has denied a bid by Elan Corporation Plc to dismiss counterclaims from defendant Teva Pharmaceuticals USA Inc. in a patent dispute over the attention deficit hyperactivity disorder drug Focalin XR.

Judge Sue L. Robinson issued an order Friday in the U.S. District Court for the District of Delaware denying Elan’s motion to dismiss two counterclaims and two affirmative defenses in which generic-drug maker Teva argued that Elan’s patents weren’t enforceable because the company had engaged in inequitable conduct before the patent examiner....
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