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Indivior's New Suboxone Patent Cannot Keep Dr. Reddy's Generic Off Market

 
• By Brenda Sandburg

US Federal Circuit applies new standard in finding continuation patent claims are indistinct from those in parent patent, vacates preliminary injunction.

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Indivior PLC struck out in its attempt to keep a generic version of its Suboxone sublingual film (buprenorphine/naloxone) off the market, as an appeals court concluded that a new patent covering the method used to make the film was essentially the same as an earlier invalidated patent.

In a 2-1 decision issued Nov. 20, the US Court of Appeals for the Federal Circuit vacated a preliminary injunction enjoining Dr. Reddy's Laboratories Ltd

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