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Judge Gives Go-Ahead To Prilosec Patent Suit

Law360 (May 30, 2007, 12:00 AM EDT) -- A federal judge on Friday denied generic drug maker Impax Laboratories Inc.’s motion to dismiss a longstanding patent dispute with AstraZeneca AB after patents for its gastric acid-inhibiting drug, Prilosec, expired.

Judge Barbara Jones of the U.S. District Court for the Southern District of New York ruled that AstraZeneca’s claims that Impax’s ANDA infringed on two of its patents were not rendered moot when the patents expired in April. Impax had argued that AstraZeneca had no remedies available after the patents expired, but Judge Jones noted...
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