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Patent Law

: Patent Docs

Biotech/Pharma Docket

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

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By James DeGiulio -- Unigene Secures Ruling of Infringement against Apotex in Fortical Patent Suit Unigene successfully reinstated an earlier 2009 opinion that its two patents for Fortical nasal spray were valid and infringed by Apotex, despite the defendant's argument that affirmative defenses and counterclaims were not addressed in the original order. In 2006, Unigene and Upsher-Smith sued Apotex for infringement of U.S. Patent No. 6,440,392, after Apotex sought to make a generic version of the spray. During the course of the litigation, the patent was reissued as RE40,812 by the USPTO. In an August 2009 ruling, the plaintiffs were...

Full post as published by Patent Docs on July 16, 2010 (boomark / email).

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