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Abraxis Bioscience, Inc. v. Navinta LLC., 09-1539

Standing issue in patent infringement suit

Abraxis Bioscience, Inc. v. Navinta LLC., 09-1539, concerned a plaintiff's suit for infringement of its patents related to methods of using low concentrations of ropivacaine hydrochloride to treat pain.  In vacating the district court's finding that defendant's Abbreviated New Drug Application (ANDA) product would directly infringe and contribute and induce infringement of certain claims of plaintiff's patents, the court remanded the matter in concluding that the district court erred in failing to dismiss plaintiff's action for lack of standing because, without the transfer of legal title of the patents, plaintiff had no standing to bring this infringement action.

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