Riluzole Patent Litigation Still Open for Impax Laboratories

The Court of Appeals for the Federal Circuit (CAFC) has vacated the district court’s ruling that claims 1-5 of Aventis’s U.S. Patent # 5,527,814 (the ‘814 patent) are not invalid by reason of anticipation and remanded the case to the district court for further proceedings consistent with the CAFC opinion, keeping Impax laboratories, which earlier challenged the validity and enforceability of the ‘814 patent, still in the race to crack Riluzole generic market. Impax Laboratories, Inc. v. Aventis Pharmaceuticals Inc., 05-1313 CAFC 2006