Fort Lauderdale, Florida Based Generic Drug Manufacturer, Andrx Corporation, Found Not Guilty of Patent Infringement
A Fort Lauderdale, Florida, based pharmaceutical company, Andrx Corporation, has been successful in its defense of a patent infringement lawsuit brought by UK-based AstraZeneca PLC over its Toprol-XL hypertension treatment.
As the patents on AstraZeneca’s drug were found be be invalid, Florida based Andrx Corporation may be permitted to continue producing the medication for hypertension treatment, according to an article in Bloomberg News.
According to the Bloomberg article, Fort Lauderdale, Florida based Andrx Corp. may be entitled to 180 days of exclusivity on the 50 milligram dose of generic Toprol-XL and is awaiting approval for varying strengths of its extended-release tablets from the F.D.A.
Although a granted U.S. patent is entitled to a presumption of validity where certain conditions have been met, a court of competent jurisdication may still find the patent invalid, as was the case with the AstraZeneca patents in this infringement litigation.
Companies concerned about the validity of a particular patent or patents may retain a Registered Patent Attorney to do a patentability search, order the complete file history for a patent, and prepare a patent validity and infringement opinion.