Roxane Laboratories must pay legal fees and costs for two defendants after filing a patent infringement suit that was “exceptionally meritless,” a federal judge in Newark has ruled.

Roxane was put on notice that its theory of liability “had substantial problems” when a ruling rejecting its motion for a preliminary injunction against Camber Pharmaceuticals and InvaGen Pharmaceuticals was affirmed by the U.S. Court of Appeals for the Federal Circuit, U.S. District Judge Stanley Chesler of the District of New Jersey ruled on Wednesday. But Roxane still pursued claims construction after the appeals court ruled on its claim that the defendants infringed on its right to manufacture generic calcium acetate capsules, Chesler ruled in Roxane Laboratories v. Camber Pharmaceuticals.

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