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New York, NY - Kenyon & Kenyon LLP client KV Pharmaceutical Company has announced that the United States District Court for the Eastern District of Missouri has granted its motions for summary judgment in a patent infringement case filed against it by AstraZeneca. The case arose from KV’s submission of ANDAs seeking approval to market generic formulations of AstraZeneca’s beta-blocker Toprol-XL (metoprolol succinate extended-release tablets) The case is In re Metoprolol Succinate Patent Litigation, MDL-1620-RWS. The Court granted the motions filed by KV Pharmaceutical Company and its co-defendants Andrx Corporation and Eon Labs for summary judgment of invalidity and unenforceability of both patents that were asserted by AstraZeneca (U.S. Patents 5,001,161 and 5,081,154). Both patents were held invalid, as well as being held unenforceable for inequitable conduct committed by AstraZeneca during prosecution of the patents before the U.S. Patent and Trademark Office. According to a state Call Our Toll Free: (888) 275-2757 or Contact Us Online For a No-Obligation Consultation Bookmark:
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Abandonment
Definition: A patent application becomes abandoned for failure to file a complete and proper reply as the condition of the application may require within the time period. Substantive Reasons For Refusal Definition: There are several substantive reasons for refusing registration of a mark. These include: likelihood of confusion; primarily merely descriptive or deceptively misdescriptive of the goods/services. |
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