Contract Confusion Can't Sink Drug Patent Row, Judge Says

Law360, New York (March 16, 2017, 3:47 PM EDT) -- A New Jersey federal judge on Wednesday declined to toss claims in a patent infringement lawsuit over the blood thinner Angiomax, ruling that it wasn’t clear if the plaintiff’s exclusive rights over the drug’s license survived the termination of the parties’ contracts.

That ambiguity precluded granting partial summary judgment to Eagle Pharmaceuticals Inc., Scidose LLC and Therdose Pharma PVT. Ltd., which were sued by The Medicines Co. over their agreement to develop a ready-to-use formulation of the plaintiff’s bivalirudin product.

The two sides presented different interpretations...
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