Apotex Launches Suit Over Eisai’s Aricept Patents

Law360, New York (July 2, 2009, 12:00 AM EDT) -- Canadian generics maker Apotex Inc. has fired off a declaratory judgment action asserting it is not infringing Eisai Co. Ltd.’s patents, in a move to secure federal approval for its generic version of the Tokyo company’s Alzheimer’s drug Aricept.

Apotex filed the suit in the U.S. District Court for the Middle District of North Carolina on Wednesday after receiving tentative approval of its abbreviated new drug application that includes a Paragraph IV certification declaring Eisai’s four patents covering Aricept are not infringed or invalid.

The Toronto...
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