E.U. Court Favors Generic Makers With Ruling Against Novartis

Law360, New York (April 30, 2004, 12:00 AM EDT) -- In a decision seen as broadly favoring generic drug makers, the European Court of Justice has ruled for the U.K. Medicines Control Agency in a lawsuit brought by Swiss pharmaceutical giant Novartis.

Novartis had challenged the marketing authorization given by the Medicines Control Agency (now the Medicines and Healthcare Regulatory Agency) to the generic company SangStat for a product that competed with certain Novartis transplant surgery drugs.

SangStat, now owned by Genzyme Corp., had relied on Novartis's clinical data for a second formulation of the product,...
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