Judge Dismisses Fosamax Case

Law360, New York (April 11, 2007, 12:00 AM EDT) -- A federal judge said Tuesday that he will allow Merck & Co. to drop a patent infringement suit it filed to stop Canadian generic drug manufacturer Apotex Inc. from launching a generic equivalent of its osteoporosis drug Fosamax.

Judge Gregory M. Sleet of the U.S. District Court for the District of Delaware issued a one-page order to allow the dismissal. He said he would later issue a memorandum and order.

Apotex had opposed Merck’s move to dismiss, saying it was a tactic to keep its product...
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