A brand-name drug company can’t sue generic drug companies for patent infringement if the generics ask the government to approve only nonpatented uses for the drug, the U.S. Court of Appeals for the Federal Circuit has ruled.
On Feb. 9, a unanimous panel affirmed a December 2010 ruling by U.S. District Court Judge Robert Kugler of the District of Delaware dismissing AstraZeneca Pharmaceuticals LP’s case against Apotex Corp. and several other generic drug companies.
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