Apotex, Mylan Urge Full Fed. Circ. To Ax Cancer Drug Patent

By Dani Kass (September 14, 2021, 8:10 PM EDT) -- Apotex and Mylan have asked the full Federal Circuit to reconsider a panel's decision refusing to invalidate patents for Teva's cancer drug Bendeka, saying the patents don't hold up and the panel withheld its reasoning in an extremely brief order.

The panel had affirmed a Delaware federal court's finding with a one-line decision, a move that Apotex and Mylan said Monday was both legally flawed and poorly explained. The companies claim the Federal Circuit didn't make clear whether it backed the lower court's logic or whether it relied on its own theory of validity.

"Simple fairness, as well as due process,...

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