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Sun Pharmaceutical, Teva, Watson, Apotex, Aurobindo, AstraZeneca, Glenmark, Mylan, Par Pharmaceutical, Torrent, Brigham and Women's Hospital Inc. cardiovascular

February 20, 2012 8:00 AM UTC

The U.S. Court of Appeals for the Federal Circuit affirmed a lower court's decision to dismiss a consolidated appeal from AstraZeneca and the hospital of nine suits in which AstraZeneca alleged the generic manufacturers' ANDA submissions infringed its method-of-use patents for cardiovascular drug Crestor rosuvastatin. In December 2010, the U.S. District Court for the District of Delaware court dismissed the cases for lack of subject matter jurisdiction since the ANDAs do not seek approval for uses claimed by the method-of-use patents, U.S. Patent Nos. 6,858,618 and 7,030,152. While the Court of Appeals held that the lower court erred in holding that it lacked jurisdiction over the case, it agreed that AstraZeneca failed to state a valid claim because an infringement of a patent method claim requires that at least one use listed in the ANDA is also claimed in the patent and dismissed the appeal (see BioCentury, Jan. 3, 2011)...