Intellectual Property News and Reports

Apotex Inc. and Apotex Corp. (collectively, “Apotex”) appeal the decision of the United States District Court for the Southern District of Florida finding that: (1) Apotex’s U.S. Patent No. 6,767,556 (“the ’556 patent”) is unenforceable due to inequitable conduct; (2) Apotex is judicially estopped from alleging infringement of the ’556 patent by the accused products; (3) the asserted claims are indefinite; (4) Apotex disclaimed coverage of the accused products from the scope of the ’556 patent’s claims; and (5) Apotex is barred by laches from recovering pre-suit damages. Apotex, Inc. v. UCB, Inc., 970 F. Supp. 2d 1297 (S.D. Fla. 2013). Because the district court did not abuse its discretion in finding inequitable conduct, we affirm the district court’s judgment on that basis.

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