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Fresenius Loses Diprivan IP Suit Against Actavis, Dr. Reddy's

Law360, Los Angeles (August 25, 2014, 6:12 PM EDT) -- Fresenius Kabi USA LLC has lost its bid to show that Actavis Inc. and India-based Dr. Reddy's Laboratories Ltd. infringed four of Fresenius’ patents by attempting to market a generic form of the sedative and anesthetic Diprivan, according to a trial opinion filed Monday in Delaware federal court.

U.S. District Judge Richard G. Andrews ruled that, at the two-day bench trial in June, Fresenius failed to prove infringement by a preponderance of the evidence. The patents in suit all concern pharmaceutical compositions containing propofol and edetate,...
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