Apotex Loses Appeal In Risperdal Patent Fight

Law360, New York (September 4, 2008, 12:00 AM EDT) -- A federal appeals court on Thursday upheld a district judge's decision to dismiss Apotex Inc.'s counterclaims of noninfringement in connection with a patent fight over Johnson & Johnson subsidiary Janssen's anti-psychotic drug Risperdal.

On Nov. 2, U.S. District Judge Dennis M. Cavanaugh of the District of New Jersey dismissed the counterclaims for lack of subject matter jurisdiction, and a notice of appeal was filed the same day.

"No jurisdiction existed for Apotex’s declaratory judgment action," the U.S. Court of Appeals for the Federal Circuit wrote on...
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