Federal Circuit Orders Court To Hear Vitamin Suit

Law360, New York (April 7, 2006, 12:00 AM EDT) -- In a setback for Metabolite Laboratories Inc., the U.S. Court of Appeals for the Federal Circuit sided Friday with a generic drug maker, ruling that its preemptive lawsuit over generic vitamins should not have been dismissed by a Florida district court.

In the appeal by Breckenridge Pharmaceutical Inc., the Federal Circuit ruled that the U.S. District Court for the Southern District of Florida erred in dismissing the case over lack of personal jurisdiction over defendant Metabolite.

The Federal Circuit also ruled the district court incorrectly granted...
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