Judge Tosses Claims Against Merck In Eye Drug Suit

Law360, New York (November 15, 2007, 12:00 AM EST) -- A patent dispute between Merck & Co. Inc. and Apotex Inc. over a generic version of Merck’s glaucoma drug Cosopt has come to an end with a federal judge dismissing the generic drug maker’s remaining counterclaims against Merck.

On Thursday, Judge Mary L. Cooper of the U.S. District Court for the District of New Jersey granted Merck’s motion to dismiss Apotex’s four remaining counterclaims seeking declaratory judgment of noninfringement and invalidity of two Merck patents that the company had previously statutorily disclaimed.

Judge Cooper then dismissed...
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