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Fed. Circ. OKs Hikma Gout Drug Sales In Takeda IP Case

Law360, New York (May 6, 2015, 7:11 PM EDT) -- The Federal Circuit on Wednesday released an opinion affirming a lower court's decision not to bar sales of Hikma Pharmaceuticals PLC's gout drug Mitigare, finding that Takeda Pharmaceuticals USA Inc. had failed to prove Hikma induced infringement of its patents on a gout treatment.

In a 2-1 decision, the appeals court affirmed a Delaware federal judge's ruling denying Takeda's motion for a preliminary injunction on Hikma, holding there is not sufficient evidence that instructions on the label for Mitigare would induce doctors to infringe patents owned by Takeda for a similar gout drug called Colcrys.

"We conclude that the district court...

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