Endo Pharmaceuticals Solutions v. Custopharm Inc., No. 17-1719 (Fed. Cir. July 13, 2018)
From the Opinion
The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.
Endo Pharmaceuticals Solutions, Inc. (Endo) holds the approved New Drug Application for Aveed ®, a testo s- terone undecanoate (TU) intramuscular injection. Bayer Intellectual Proper ty GmbH and Bayer Pharma AG (Bayer) own the two patents listed in the Orange Book for Aveed®, U.S. Patent Nos. 7,718,640 (the ’640 patent) and 8,338,395 (the ’395 patent). Custo pharm Inc.’s (Cust o- pharm) predecessor- in-interest, Paddock Laboratories, LLC, submitted an Abbreviated New Drug Application (ANDA) to the U.S.
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