Canadian Federal Appeal Court has affirmed the decision of the Canadian Federal Court which upheld the validity of the Daiichi Sankyo’s Canadian Patent No. 1,304,080 (the ‘080 patent) for antibacterial agent, Levofloxacin and also found the ‘080 patent infringed by generic Levofloxacin tablets manufactured by generic drug maker Novopharm Limited. This decision will enjoin Novopharm from selling, offering for sale a generic version of Levofloxacin tablets in the Canadian market until the expiration of the ‘080 patent will expires on June 23, 2009.
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