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Canadian Supreme Court Dismisses Abbott's Appeal

Law360 (February 9, 2007, 12:00 AM EST) -- In a blow to Abbott Laboratories, Canada’s Supreme Court on Thursday declined to hear an appeal aimed at overturning a decision not to block regulatory approval of proposed generic version of Abbott’s antibiotic Biaxin, which Abbott contends infringes several of its patents.

The court dismissed Abbott’s application for leave to appeal, finding in favor of respondent Ratiopharm Inc.

Abbott applied for an order which would have barred the Canadian Minister of Health from issuing a notice of compliance for Ratiopharm’s generic clarithromycin product until the expiration...
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