Federal Circuit Affirms Dismissal Of Dispute Over Generic Contraceptive Drug

Federal Circuit Affirms Dismissal Of Dispute Over Generic Contraceptive Drug

WASHINGTON, D.C. - A New York federal judge did not err in granting generic drug manufacturers a judgment of noninfringement on the pleadings for their abbreviated new drug application (ANDA) related to only one use for the drug in question and not the combination of uses claimed by the patent in suit, a divided Federal Circuit U.S. Court of Appeals ruled April 16 (Bayer Schering Pharma AG v. Lupin Ltd. et al.,  Nos. 11-1143, -1228, Fed. Cir.).

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