Fed. Circ. Affirms Dismissal In Merck Eye Drug Suit
By Melissa Lipman
Law360, New York (August 22, 2008, 12:00 AM EDT) -- A federal appeals court on Thursday upheld a dismissal of Canadian manufacturer Apotex Inc.'s counterclaims against Merck & Co. Inc. in a suit over a generic version of Merck's glaucoma drug Cosopt, finding that any declaratory judgment ruling the court issued would come too late to help Apotex.
In a per curiam opinion, the U.S. Court of Appeals for the Federal Circuit affirmed the ruling for Merck from the U.S. District Court for the District of New Jersey and said that because of the timing in...