United States Federal Circuit

District court's judgment sustaining the extension of the term of a patent, directed to an enantiomer of a racemic compound that had previously been approved by the FDA, and an order enjoining defendant from infringement during the extended term of the patent are affirmed where: 1) the district court correctly ruled that the '407 patent on levofloxacin was properly granted the statutory term extension, for the enantiomer is a different drug product from the racemate ofloxacin, and was subject to regulatory approval before it could be commercially marketed and used; and 2) the district court did not abuse its discretion in issuing an injunction commensurate with the patent rights of exclusion.

Appellate Information

• Decided 05/10/2010
• Published 05/10/2010

Judges

Court

• United States Federal Circuit

Counsel