Corepharma Counterclaim Restored To Carbatrol Suit

Law360, New York (July 10, 2008, 12:00 AM EDT) -- A federal judge has allowed Corepharma LLC to seek a declaratory judgment that its application to make a generic version of the anti-seizure drug Carbatrol does not infringe Shire Laboratories Inc.'s patent, even though Shire has agreed not to sue over that patent.

In a decision handed down Tuesday, Judge Stanley R. Chesler of the U.S. Bankruptcy Court for the District of New Jersey vacated an earlier order dismissing Corepharma's declaratory judgment claim.

Corepharma had filed the motion as a counterclaim in a patent infringement suit...
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