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Fed. Cir. Sides With Mylan, Says Relistor Patent Wrongly Upheld

April 8, 2020, 9:18 PM

Mylan Inc. convinced the Federal Circuit that a district court improperly upheld Valeant‘s patent on the constipation treatment Relistor.

Valeant Pharmaceuticals International Inc., a subsidiary of Bausch Health Cos., sued Mylan, alleging its proposed generic would infringe Valeant’s patent on the drug, U.S. Patent 8,552,025. The U.S. District Court for the District of New Jersey rejected Mylan’s argument that one of the patent claims about the drug’s stability is invalid because it is obvious based on prior formulations.

The U.S. Court of Appeals for the Federal Circuit agreed with Mylan, finding that its obviousness arguments are sufficient to...

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