High Court Refusal Lets Lexapro Patent Suit Continue

Law360, New York (February 23, 2009, 12:00 AM EST) -- In refusing to hear an appeal from Forest Laboratories Inc. on Monday, the U.S. Supreme Court has allowed Caraco Pharmaceutical Laboratories Ltd. to continue its bid to invalidate a patent for antidepressant Lexapro despite Forest's earlier covenant not to sue the generics manufacturer over the patent.

The U.S. District Court for the Eastern District of Michigan dismissed the patent suit in April 2007 for lack of a case or controversy because of the covenant, but the U.S. Court of Appeals for the Federal Circuit ruled 2-1...
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