Appeals Court Rejects Challenge To Alpharma's 180-Day Exclusivity For Pfizer's Neurontin

Law360, New York (December 22, 2004, 12:00 AM EST) -- The U.S. Court of Appeals for the District of Columbia has rejected a challenge to drug maker Alpharma Inc.’s exclusive right to market a generic version of the Pfizer Inc. epilepsy drug Neurontin.

In its decision, the court held that Apotex could have raised the challenge in an earlier litigation among the same parties, but failed to do so.

The court also vacated a related lower court’s decision upon which Apotex’s challenge was based. A similar challenge to Alpharma gabapentin exclusivity by Ivax Corporation remains before...
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