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Eisai’s Aciphex patent upheld

Executive Summary

The U.S. Court of Appeals for the Federal Circuit finds that the patent claiming Aciphex (rabeprazole) and its salts is non-obvious and enforceable. The court rejected claims by Dr. Reddy's and Teva that Eisai had obtained the patent through inequitable conduct before the U.S. Patent and Trademark Office. FDA approved Teva's ANDA for the proton pump inhibitor last year, but the company did not launch the product. Mylan also filed an ANDA for rabeprazole and agreed to be bound by the court's decision in the current case
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