Law360, New York (September 24, 2008, 12:00 AM EDT) -- A district court judge on Tuesday took a pointed swipe at defendant Mutual Pharmaceuticals Co. Inc.'s pretrial appeal in a patent fight over the drug Restoril while upholding a magistrate judge's order directing the company to withdraw two motions for summary judgment.
"Defendants’ appeal is audacious," wrote Judge Stanley R. Chesler in U.S. District Court for the District of New Jersey, adding that the appeal did not even bother to offer "a colorable argument" as to why Magistrate Judge Michael A. Shipp's order was incorrect....
Judge Chides Defendants In Restoril Patent Suit
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