Merck Wins Appeal To Prohibit Generic Eye Drug

By Ron Zapata

Law360, New York (March 29, 2007, 12:00 AM ET) -- The Federal Circuit upheld a Merck & Co. Inc. patent Thursday which will keep a generic version of hypertension drug Trusopt off the market until the patent expires next year.

Hi-Tech Pharmacal Inc. claimed Merck’s patent for the eye drug had expired in December 2004 because an extension for the patent was invalid. The U.S. Patent and Trademark Office had granted an extension until April 2008.

The United States Court of Appeals for the Federal Circuit affirmed a district court’s ruling against Amityville, N.Y.-based Hi-Tech, saying...
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