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Court Upholds Ortho-McNeil's Topamax Patent

Law360 (March 31, 2008, 12:00 AM EDT) -- Mylan Laboratories Inc. suffered another setback in its battle to sell a generic version of the epilepsy drug Topamax, after a federal appeals court on Monday upheld a summary judgment ruling that Ortho-McNeil Pharmaceutical Inc.'s patents for the blockbuster pharmaceutical were valid.

The U.S. Court of Appeals for the Federal Circuit affirmed a New Jersey district court's opinion that the Topamax patent was valid until Sept. 26, 2008 and that Mylan should be permanently enjoined from selling generic versions of the drug.

The ruling also enjoined...
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