Fed. Circ. Upholds Ruling Against Generic Acular

Law360, New York (April 12, 2007, 12:00 AM EDT) -- A federal appeals court has affirmed a lower court ruling that barred Apotex Inc. from obtaining regulatory approval to market a generic version of Allergan Inc.’s prescription anti-inflammatory eye-drop solution Acular.

The U.S. Court of Appeals for the Federal Circuit on Monday upheld a June 2006 ruling by a district judge in northern California that held that the effective date of the approval of the defendants’—Apotex Inc., Apotex Corp. and Novex Pharma—Abbreviated New Drug Application seeking permission to market a generic version of Acular could not...
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