Judge in Astel­las patent suit de­nies mo­tion to bol­ster de­fen­dant’s case

A fed­er­al judge said drug­mak­ers have “per­vert­ed” the in­tent of Con­gress when it passed the Hatch-Wax­man Act as he de­clined to sup­ple­ment his rul­ing against Astel­las in a patent in­fringe­ment case in­volv­ing the com­pa­ny’s block­buster blad­der drug.

In 2020 Astel­las had sued to stop gener­ic mak­ers from mar­ket­ing gener­ic ver­sions of an ex­tend­ed-re­lease ver­sion of Myr­be­triq, its over­ac­tive blad­der drug. But Judge Joseph Batail­lon ear­li­er this month ruled against the Japan­ese drug­mak­er.

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