Fed Circ. Revives Mylan Bid To Invalidate Relistor Patent

Law360 (April 8, 2020, 7:49 PM EDT) -- The Federal Circuit revived a Mylan Pharmaceuticals Inc. bid to invalidate the patent for opioid-induced constipation drug Relistor, ruling Wednesday that a lower court was too hasty in finding that the generic company failed to show the brand name drug's formula was obvious.

The three-judge panel's precedential decision reversed summary judgement for units of Valeant Pharmaceuticals in their infringement claims over Mylan's planned generic version of methylnaltrexone. The New Jersey federal court ruled in favor of Valeant after reasoning that Mylan relied on research pertaining to two different compounds other than methylnaltrexone.

But the appeals court sided with Mylan's contention that the...

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