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Immunomedics v. Cytogen & Bard

This article was originally published in The Gray Sheet

Executive Summary

U.S. federal appeals court rules in favor of Cytogen, affirming 2003 N.J. district court judgment of non-infringement of U.S. Patent No. 4,460,559. In 2000, Immunomedics sued Cytogen and Bard, alleging use of the ProstaScint prostate cancer diagnostic imaging agent infringed on the '559 patent. Under the doctrine of equivalents, however, the Washington, D.C. court disputes the lower court's findings that no issue of material fact exists, reverses the grant of summary judgment and remands further proceedings on the issue...
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