Impax loses at CAFC in AMRIX case

The conclusion of the decision in IN RE CYCLOBENZAPRINE HYDROCHLORIDE EXTENDED-RELEASE CAPSULE PATENT LITIGATION:

For the foregoing reasons, this court dismisses Impax’s appeal of the district court’s preliminary injunction for want of jurisdiction, and affirms the district court’s conclusion that no triggering event under § 3.2(c) of the settlement agreement has occurred entitling Impax to enter the generic extended-release cyclobenzaprine hydrochloride market.

JONATHAN E. SINGER, Fish & Richardson P.C., of Minneapolis, Minnesota, argued for plaintiffs-appellees and with him on the brief was WILLIAM J. MARSDEN, JR., of Wilmington, Delaware.