Fed. Circ. Junks Merck's Nasonex Patent Suit Against Apotex

Law360, San Francisco (June 10, 2013, 10:29 PM EDT) -- The Federal Circuit on Monday affirmed the dismissal of Merck & Co. Inc.'s claims that Apotex Inc. infringed one of its patents by creating a generic Nasonex spray, finding Merck hadn't supplied credible evidence of infringement.

The appeals court's ruling came without explanation less than a week after the panel heard oral arguments on the New Jersey federal court's ruling, which also denied Apotex's efforts to invalidate Merck's patent.

Much of the arguments hinged on X-ray powder diffraction analysis of the anhydrous and monohydrous forms of...
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