Redacted Ruling Details Xspray Failure to End Bristol-Myers Suit

Bristol-Myers Squibb Co. escaped Xspray Pharma AB’s attempt to dismiss a patent lawsuit over its branded rival to the blockbuster leukemia drug Sprycel because Xspray relied on its own drug’s FDA application, a redacted opinion shows.

Judge Renee Marie Bumb on April 25 denied Xspray’s motion in the US District Court for the District of New Jersey and didn’t leave the door open for Xspray to renew its dismissal request. She issued a related opinion the same day, but it “was inadvertently filed on the public docket containing Xspray’s highly confidential information” before the court sealed it, court ...