Unigene, Apotex musculoskeletal news

The U.S. Supreme Court denied a petition from generics company Apotex to review a decision from the U.S. Court of Appeals for the Federal Circuit (CAFC) in Apotex Inc. et al. v. Unigene Laboratories Inc. et al. that permanently enjoined Apotex from marketing its generic of osteoporosis drug Fortical calcitonin. Unigene said CAFC's decision "now stands as the final decision." Apotex could not be reached for comment.

Last year, CAFC affirmed a lower court's ruling in Unigene's 2006 suit against Apotex in which Unigene alleged infringement of U.S. Patent Nos. 6,440,392 and RE40,812 covering Fortical. The CAFC permanently enjoined Apotex from marketing its generic as well as affirmed the 2009 ruling made by the U.S. District Court for the Southern District of New York granting Unigene summary judgment that one of the claims of the '812 patent was not obvious and rejecting Apotex's other attempts to invalidate the patent (see BioCentury, Sept. 5, 2011). ...