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Fed. Circ. Upholds Eisai’s Aciphex Patent

Law360 (July 21, 2008, 12:00 AM EDT) -- In a setback for generic drugmakers Teva Pharmaceuticals USA Inc. and Dr. Reddy’s Laboratories, a federal appeals court agreed with decisions in two infringement cases that upheld the validity and enforceability of Eisai Co. Ltd.’s patent covering its blockbuster ulcer drug Aciphex.

The U.S. Court of Appeals for the Federal Circuit determined Monday that a district court properly found that Israel-based Teva and India-based Dr. Reddy’s failed to prove that Eisai’s patent was invalid for obviousness or unenforceable due to inequitable conduct.

The unanimous decision by...
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