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ARTICLE · 21 DECEMBER 2016

Hetero's Subsidiaries Not Infringing Roxane's Patent On PhosLo

Khurana & Khurana, Advocates and IP Attorneys
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In Roxane Laboratories, Inc. v. Camber Pharmaceuticals Inc., et al. decided by United States Court of Appeals for the Federal Circuit on November 17, 2016, Roxane had appealed against decision of district court...

IndiaIntellectual Property

In Roxane Laboratories, Inc. (hereinafter referred to be as "Roxane") v. Camber Pharmaceuticals Inc., et al. (hereinafter referred to as "Camber") decided by United States Court of Appeals for the Federal Circuit on November 17, 2016, Roxane had appealed against decision of district court in an infringement suit against Camber and Invagen Pharmaceuticals Inc (collectively referred to as "appellees"), both of which are subsidiaries of Hetero Drugs Ltd. (hereinafter referred to as "Hetero"). The infringement suit was in respect of US patent number 8563032 (hereinafter referred to be as "032" patent). This appeal was from the United States District Court for the District of New Jersey in No. 2:14-cv-04042-SRC-CLW, Judge Stanley R. Chesler. In March, 2014 appellant i.e. Roxane had filed suit for infringement against the appellees in the district of Ohio. The case was later (in June 2014) transferred to state of New jersey on the basis of convenience of the parties and

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