Apotex Asks Justices To Make Fed. Circ. Use Less 'Rigid' Test

By Britain Eakin (December 17, 2021, 9:07 PM EST) -- Apotex Inc. has asked the Supreme Court to reverse a Federal Circuit ruling affirming that it infringed patents for Eagle Pharmaceuticals' cancer drug Bendeka, saying Eagle just reformulated an old drug developed in East Germany in the 1960s, so the patents should have been found obvious.

In a Dec. 14 petition for certiorari docketed Thursday, Apotex said the Federal Circuit's August decision, which summarily affirmed a district court's finding that its planned generic of Bendeka infringed Eagle's patents, "strayed" from the Supreme Court's 2007 decision in KSR International Co. v. Teleflex Inc.

KSR held that the Federal Circuit was using an...

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