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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.