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In Post-Trial Opinion, District Court Finds No Inequitable Conduct Arising Out of Failure to Disclose Co-Pending Application

May 21, 2007

By David M. Conca, Gary Ji and Quinn Clancy

Following a two-week trial in March, the U.S. District Court for the Southern District of New York ruled last week that plaintiffs Eisai Co., Ltd. and Eisai Inc.’s patent on the active ingredient in the drug product Aciphex® (rabeprazole sodium) was enforceable despite allegations by defendants of inequitable conduct during prosecution of the patent.

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