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U.S. Supreme Court Denies Review Of Federal Circuit Ruling In Patent Infringement Case Against Generic Drug Maker

 
 

HLD, v. 33, n. 11 (November 2005)

U.S. Supreme Court Denies Review Of Federal Circuit Ruling In Patent Infringement Case Against Generic Drug Maker

            The U.S. Supreme Court denied review of a Federal Circuit decision affirming the dismissal of a suit by Merck & Co. alleging Teva Pharmaceuticals USA Inc. infringed its patent on the osteoporosis drug Fosamax. The U.S. District Court of Delaware found Merck�s '329 patent to be enforceable and constructively infringed by Teva�s Abbreviated New Drug Application. But the Federal Circuit disagreed, and held the patent claims were obvious in light of the prior art. It therefore concluded that the patent claims were invalid and not infringed. The case is published at 395 F.3d 1364.

            Merck & Co. v. Teva Pharmaceuticals USA Inc., No. 05-236, 74 USLW 3245 (Oct. 17, 2005).

 

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