Sepracor Lied To USPTO In Lunesta Patent App: Suit

Law360, New York (May 4, 2009, 12:00 AM EDT) -- Indian pharmaceutical company Wockhardt Inc. has fired back in a patent infringement suit over proposed generic versions of blockbuster sleep drug Lunesta, alleging that the drug’s maker, Sepracor Inc., deliberately misled the U.S. Patent and Trademark Office.

Sepracor allegedly “engaged in a pattern of intentionally deceptive conduct,” and the patent-in-suit is invalid because of this inequitable conduct, Wockhardt said in an answer filed Monday in the U.S. District Court for the District of New Jersey.

Sepracor lodged a suit on March 20 in the U.S. District...
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