Upsher-Smith’s ANDA Spurs Another Suit From Forest

Law360, New York (January 29, 2008, 12:00 AM EST) -- Upsher-Smith Laboratories Inc. faces another patent infringement lawsuit by Forest Laboratories Inc., which has already fired off three separate actions this month to stave off generic competitors to its Alzheimer’s drug Namenda.

Forest and Merz Pharma GmbH & Co. KgaA lodged their suit Monday in the U.S. District Court for the District of Minnesota, alleging that the generic drug maker filed an abbreviated new drug application to market and sell generic tablets of Namenda before the patent expires.

Although the plaintiffs had already filed suit against...
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