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Bristol Taxol

Executive Summary

Bristol-Myers Squibb will move straight to the appeals stage in paclitaxel patent litigation with Ivax and other generic co-defendants, rather than go to trial over the patent claims remaining after a March 2 Newark, N.J. federal court decision of partial summary judgement. The appeal will focus on the patent claims dismissed by the decision, which invalidated the non-ovarian cancer claims. The decision also cleared the way for Ivax to launch its generic paclitaxel for breast cancer once its application is approved by FDA following the expiration of the 30-month Waxman/Hatch stay of approval in June (1"The Pink Sheet" March 6, p. 25)

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