Declaratory Judgment Sought Over Allergy Patent

Law360, New York (April 20, 2007, 12:00 AM EDT) -- Breckenridge Pharmaceutical Inc. has asked a Maryland court for declaratory judgment, in an effort to protect itself from a possible patent infringement suit over its drug Allergy DN.

The lawsuit was filed Thursday, against Cornerstone BioPharma Inc. and J-Med Pharmaceuticals Inc., and comes in the context of ongoing negotiations between the parties, a Breckenridge spokesman said Friday.

The suit centers on U.S. Patent Number 6,270,796, issued in August 2001 and entitled “antihistamine/decongestant regimens for treating rhinitis.” Rhinitis is an inflammation of the lining of the nose,...
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