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Article Excerpt
Addressing the issue of whether a biologically-active enantiomer of a patented drug is invalid over the prior art, the U.S. Court of Appeals for the Federal Circuit affirmed a district court decision that upheld the validity of Forest Laboratories' U.S. Reissue Patent 34,712, which covers (+)-citalopram, the active ingredient in Lexapro[R]. The majority panel further upheld an injunction of both the Abbreviated New Drug Application (ANDA) filer, Ivax Pharmaceuticals, as well its drug supplier, Cipla, Ltd. Forest Labs., Inc. v. Ivax Pharms., Inc., Case No. 07-1059 (Fed. Cir., Sept. 5, 2007) (Lourie, J.; Schall, J., dissenting-in-part).
Ivax filed an ANDA for approval to market generic tablets of...
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