Merck KGaA Unit Files Patent Suit Against Sepracor

Law360, New York (March 27, 2007, 12:00 AM EDT) -- A subsidiary of the German pharmaceutical company Merck KGaA has filed a lawsuit alleging that an inhaled treatment for chronic obstructive pulmonary disease due to be released by Sepracor Inc. infringes on one of its patents.

The suit was filed Wednesday in New York on behalf of Napa, California-based Dey LP and Dey Inc., which are subsidiaries of Merck KGaA, according to court papers. Merck KGaA is distinct from the U.S.-based Merck & Co.

At issue is Sepracor’s Brovana inhalation solution, which was approved by the...
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