Ortho V. Mylan: Key Ruling For 2 Statutory Provisions

Law360, New York (July 18, 2008, 12:00 AM EDT) -- On March 31, 2008, the Court of Appeals for the Federal Circuit (“CAFC”) issued its opinion in Ortho-McNeil Pharmaceutical Inc. v. Mylan Laboratories Inc., 520 F.3d 1358 (Fed. Cir. 2008) (“Ortho v. Mylan”), a case concerning Ortho-McNeil’s blockbuster epilepsy and migraine drug, Topamax (generic name, topiramate).

In that opinion, the CAFC affirmed the district court in all respects, holding that the basic patent for topiramate was infringed, was not invalid for obviousness or lack of enablement, and was not unenforceable for inequitable conduct. See 520 F.3d...
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