Eisai Bid To Affirm Validity Refused In Aricept Suit

Law360, New York (April 20, 2009, 12:00 AM EDT) -- A federal judge has refused to affirm validity for a patent at the center of a dispute over Teva Pharmaceutical Industries Ltd.'s efforts to make a generic version of Aricept, Eisai Co. Ltd.'s treatment for Alzheimer's disease.

Judge Harold A. Ackerman of the U.S. District Court for the District of New Jersey on Friday rejected Eisai's argument that U.S. Patent Number 4,895,841 should be declared valid because Teva was no longer claiming it to be invalid.

In denying Eisai's motion for judgment on the pleadings, Judge...
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