Impax Asks To Appeal Budeprion MDL Dismissal Bid

Law360, New York (June 17, 2010, 4:11 PM EDT) -- Impax Laboratories Inc., mired in multidistrict litigation over its generic antidepressant Budeprion XL, has asked a court to let it appeal its refusal to dismiss the case, challenging the judge's reliance on the U.S. Supreme Court's ruling in Wyeth v. Levine.

Impax, along with Budeprion distributor and fellow defendant Teva Pharmaceuticals USA, rendered a motion for an interlocutory appeal Wednesday in the U.S. District Court for the Eastern District of Pennsylvania, differentiating the Wyeth suit, which focused on the marketing of drugs, from the instant case,...
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