Thursday, January 11, 2007

District Court Rejected Sun’s Motion for Summary Judgment

The U.S. District Court for the District of Maryland has rejected Sun Pharmaceutical’s motion for summary judgment of non-infringement of MedImmune’s U.S. Patent No. 5,591,731 (the ‘731 patent). At the same time, the court also granted Sun’s motion for summary judgment in part, ruling that Sun’s proposed amifostine product does not infringe MedImmune’s U.S. Patent No. 5,424,471 (the ‘471 patent). The lawsuit was brought by MedImmune against Sun in August 2004 as a result of Para IV notification in June 2004 with respect to generic approval of anti-cancer product Ethyol, generically known as amifostine before expiry of Orange Book listed patents.

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