Apotex Appeals District Court Ruling in Depakote Case; Company Says Court Improperly Excluded Relevant Fact, Expert Testimony.Business Editors/Health/Medical Writers WESTON, Fla.--(BUSINESS WIRE)--April 13, 2004 Apotex today announced that it has filed an appeal of the adverse ruling March 15 by the U.S. District Court for the Northern District of Illinois that Apotex' generic divalproex sodium di·val·pro·ex sodium n. An anticonvulsant used in the treatment of petit mal and related seizure disorders. divalproex sodium Depakote, Depakote ER, Depakote Sprinkle Pharmacologic class: product infringes Abbott's patents. Divalproex sodium is the active ingredient An active ingredient, also active pharmaceutical ingredient (or API), is the substance in a drug that is pharmaceutically active. Some medications may contain more than one active ingredient. in Abbott's Depakote(R). The district court ruling came after a four-day bench trial before Judge Richard A. Posner, who allowed just three witnesses to testify, with the remainder of witnesses being stricken or excluded by the court. The case previously was remanded for trial after the United States Court of Appeals for the Federal Circuit The United States Court of Appeals for the Federal Circuit is a United States court of appeals. The Federal Circuit was created by Congress with passage of the Federal Courts Improvement Act of 1982. The court is headquartered in Washington, D.C., and occupies the Howard T. in Washington, D.C., reversed an award of summary judgment for Abbott on the ground that Apotex' evidence cast serious doubt on, if not completely negated, some of Abbott's infringement proofs. Commenting on today's appeal, Apotex said that Judge Posner's decision too narrowly interpreted the Federal Circuit's previous decision remanding the case, and unduly restricted the scope of the trial and Apotex' evidence. Apotex also contends that the district court improperly excluded relevant fact, expert testimony Testimony about a scientific, technical, or professional issue given by a person qualified to testify because of familiarity with the subject or special training in the field. , and other evidence demonstrating that Apotex' product does not infringe Abbot's divalproex sodium patents. Apotex Chairman and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. , Dr. Bernard C. Sherman, expressed disappointment with the district ruling, which has further delayed access by American consumers to a lower-priced generic version of this important medicine. Dr. Sherman pledged that Apotex will endeavor to set aside the ruling on appeal. Depakote(R) is a registered trademark of Abbott Laboratories Abbott Laboratories (NYSE: ABT) is a diversified pharmaceuticals and health care company. It has over 65,000 employees and operates in 130 countries. The corporate headquarters are in Abbott Park, Illinois, a neighborhood of North Chicago, Illinois. . Apotex Corp. is the U.S. subsidiary of Apotex Inc., the largest Canadian-owned manufacturer of prescription drugs in Canada. Through its sales and marketing headquarters in Weston, Florida Weston is a city located in Broward County, Florida, USA. Established as a city in 1996, much of the community was developed by Arvida/JMB Partners and is located near the western developmental boundary of Broward County. As of 2006, the city had a total population of 65,793. , operations center in Indianapolis, and research facility in Lincolnshire, Illinois, Apotex Corp. is committed to providing high quality, safe and affordable generic medicines. Apotex manufactured generic pharmaceuticals are sold in 115 countries around the world. Its extensive product line includes oral solids, liquids, injectables, nasal sprays, ophthalmics, and inhalation solutions. For more information visit apotexcorp.com. |
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