July 30, 2004

U. of Rochester Will Take Drug-Patent Appeal to Supreme Court

By GOLDIE BLUMENSTYK

Who says three strikes and you're out?

Not the University of Rochester. It will continue its quest to prove that the anti-inflammatory drug Celebrex infringes on its patent, despite having lost for the third time this month when the full U.S. Court of Appeals for the Federal Circuit voted against taking the case. Rochester will now appeal to the U.S. Supreme Court.

A lower court had previously found Rochester's patent invalid because, while it describes a technique for treating

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