Federal Circuit Upholds Ruling Favoring Impax In Suit Over Wellbutrin, Zyban ANDAs

Law360, New York (January 30, 2004, 12:00 AM EST) -- The Court of Appeals for the Federal Circuit has upheld a lower court’s decision against GlaxoSmithKline over generics maker Impax Laboratories’ abbreviated new drug applications for certain dosages of Wellbutrin and Zyban.

The court ruled that Impax’s generic product did not infringe GlaxoSmithKline’s U.S. patent for its antidepressant Wellbutrin SR.

The ruling, which stated that GlaxoSmithKline “cannot prove infringement literally or under the doctrine of equivalents,” upholds an earlier decision from the U.S. District Court for the Northern District of California.

GlaxoSmithKline markets Wellbutrin SR for...
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