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Teva loses key ruling in NJ court as Federal Circuit prepares for hearing over Orange Book delisting order

By Nick Robertson ( November 5, 2024, 22:06 GMT | Insight) -- An attempt by Teva Pharmaceuticals to have a New Jersey federal judge modify the claim construction of five patents at the center of a patent infringement case before the US Court of Appeals for the Federal Circuit failed yesterday, a development that could have impacts on the appellate case.A federal judge in New Jersey yesterday rejected efforts by Teva Pharmaceuticals to import “active drug” limitations to the claims of five patents at the center of a contentious appeal to the US Court of Appeals for the Federal Circuit. That decision could significantly impair Teva’s ability to undo a June order, issued by the same district judge, directing Teva to remove or correct certain listings in the US Food and Drug Administration’s “Orange Book” of Approved Drugs. The parties will square off at oral arguments before the appellate court Friday....

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