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Ortho-McNeil Pharmaceutical, Inc. v. Mylan Laboratories Inc. (Fed. Cir. 2009)

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

By Donald Zuhn -- The Federal Circuit today affirmed-in-part and vacated-in-part an order by the District Court for the Northern District of West Virginia awarding $1,011,712 in costs to Plaintiff-Appellee Daiichi Pharmaceutical Co., and remanded to the District Court for an apportionment determination of the awarded costs. Daiichi owns U.S. Patent No. 5,053,407, which relates to levofloxacin, an antibiotic that Daiichi markets under the trade name Levaquin®. Seeking approval to market a generic version of levofloxacin, Defendants-Appellants Mylan Laboratories Inc. and Mylan Pharmaceuticals Inc. filed an Abbreviated New Drug Application (ANDA) with the FDA. In response to Mylan's ANDA filing,...

Full post as published by Patent Docs on June 11, 2009 (boomark / email).