Federal Circuit Rules for Axinn Client in Abilify Patent Appeal

In Axinn’s latest for win for its client Zydus in assisting their coming to market with their generic version of Abilify (aripiprazole), the Federal Circuit affirmed a district court's claim construction in ongoing litigation between Otsuka and Zydus concerning Abilify® (aripiprazole). The appeal concerned the construction of U.S. Patent No. 8,759,350, which the district court had construed favorably for Zydus. After obtaining a stipulated summary judgment of non-infringement concerning the '350 patent based on this construction, Otsuka appealed to the Federal Circuit. The panel held a hearing in July and subsequently rejected Otsuka's argument, affirming the district court in a unanimous decision.

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