Merck Presses Fed. Circ. To Reopen Nasonex Battle

Law360, Washington (June 4, 2013, 7:01 PM EDT) -- Merck & Co. Inc. pushed a Federal Circuit panel Tuesday to revive its lawsuit against Apotex Inc. for creating a generic version of its Nasonex nasal spray, alleging the lower court held it to an unreasonable scientific standard that made it impossible to prove infringement.

According to Merck, Apotex could have used only one of two formulations of mometasone furoate — the active ingredient in Nasonex — in its generic spray, a limitation it believes should have lowered its scientific burden. However, U.S. District Judge Peter...
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