IPNews® – The Federal Circuit on Thursday shot down Hoffmann-La Roche Inc.’s appeal of a district court’s refusal to grant it a patent injunction stopping three generic drug makers from producing their own versions of Roche’s osteoporosis drug Boniva.
Roche could not prove it was likely to overcome Apotex Inc., Watson Pharmaceuticals Inc. and Mylan Inc.’s claims that its patents for Boniva were obvious, according to a 2-1 majority of the appeals court. While Roche’s appeal was pending, the district judge overseeing the case concluded that the patents are in fact obvious, but that ruling was not part of the immediate appeal. To continue reading, click: Federal Circuit Says Generic Boniva Can Go Forward Despite Roche Objections