Eisai Urges Court To Toss Apotex Suit Over Aricept

Law360, New York (September 28, 2009, 2:38 PM EDT) -- Eisai Co. Ltd. has asked a federal court to dismiss Apotex Inc.’s declaratory judgment action over four patents covering Eisai’s Alzheimer’s drug Aricept, arguing that Apotex is using the suit to try to jump ahead of competitors in the approval process to market the generic drug.

Tokyo-based Eisai filed its motion to dismiss the case on Friday in the U.S. District Court for the Middle District of North Carolina, pointing out that two of the patents-in-suit have been disclaimed and that Eisai has given Apotex an...
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