Everett Bests Breckenridge Vitamin Patent Challenge

Law360, New York (March 12, 2009, 12:00 AM EDT) -- A federal judge on Thursday tossed Breckenridge Pharmaceutical Inc.'s attempt to invalidate rival Everett Laboratories Inc.'s patents for a prescription multivitamin, finding Breckenridge’s action overhasty and unfounded.

Judge Kenneth A. Marra of the U.S. District Court for the Southern District of Florida dismissed the suit for lack of subject matter jurisdiction, holding that Breckenridge sought to invalidate Everett’s patents without provocation, even before the defendant was aware that Breckenridge brought competing multivitamin product to market.

The complaint must be dismissed because Breckenridge filed suit before any...
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