Judge Refuses To Dismiss Lexapro Declaratory Action

Law360, New York (January 30, 2009, 12:00 AM EST) -- A federal district judge has rejected Forest Laboratories Inc.'s second bid to toss one of Caraco Pharmaceutical Laboratories Ltd.'s declaratory actions against the company over a patent for the depression treatment Lexapro.

Judge Bernard A. Friedman of the U.S. District Court for the Eastern District of Michigan rejected Forest's latest motion to dismiss the case Thursday.

Forest had claimed that the court should use its discretion to decline jurisdiction over the dispute because after the U.S. Court of Appeals for the Federal Circuit initially reinstated Caraco's...
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