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Federal Circuit Affirms Unenforceability of Taxotere Patents

Posted in Federal Circuit Decisions; Inequitable Conduct

In Aventis Pharma S.A. v. Hospira, Inc., the Federal Circuit upheld the district court’s finding that two of the Orange Book listed patents for Sanofi Aventis’ cancer drug Taxotere are unenforceable for inequitable conduct.  The Federal Circuit found that the district court’s analysis followed the framework required by its 2011 en banc decision in Therasense, even though the district court rendered its decision before that case was decided en banc.Continue reading this entry