Thursday, August 14, 2008

Watson loses naproxen case; infringement deemed willful

The Biloxi Sun Herald reported that on August 13 SD Fl found that Andrx's Naproxen Sodium ER tablets infringe Patent No. 5,637,320 of Elan and that Andrx's infringement was willful. The Florida district court set a later date for discussion of damages. Watson/(Andrx) intends to appeal the ruling.

The case has a long history. On May 5, 2004, the United States Court of Appeals for the Federal Circuit (CAFC) reversed the District Court's finding of invalidity of the claims of the '320, which had been based on an [improper] application of the on-sale bar of 102(b).


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