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Novel Hits Back With Antitrust Charges In Patent Suit

Law360 (January 21, 2009, 12:00 AM EST) -- Novel Laboratories Inc. has lobbed counterclaims alleging violations of federal antitrust law at Cima Labs Inc. and Azur Pharma Ltd. in an infringement suit over two patents related to a dosage formula for the schizophrenia drug FazaClo.

Novel filed the counterclaims Tuesday in the U.S. District Court for the District of Delaware, accusing patent-holder Cima and its exclusive licensee, Azur, of violating the Sherman Act by asserting two patents “they know to be invalid and not infringed through an objectively baseless patent infringement complaint.”

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