High Court Won't Hear Apotex's Exclusivity Appeal

Law360, New York (January 18, 2011, 3:40 PM EST) -- The U.S. Supreme Court has declined to hear Apotex Inc.'s challenge to a federal appeals court's ruling in favor of Teva Pharmaceuticals USA Inc. that a patent holder’s unilateral decisions cannot force a generic-drug manufacturer to forfeit marketing exclusivity.

Apotex asked the high court to hear the case after the U.S. Court of Appeals for the District of Columbia Circuit rejected the company's request for a stay of the U.S. Food and Drug Administration's decision to grant Teva a 180-day exclusivity period on generic versions of...
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