Federal Court Upholds CollaGenex Classification As Antibiotic

Law360, New York (January 20, 2005, 12:00 AM EST) -- A federal court has upheld the U.S. Food and Drug Administration's classification of Periostat as an antibiotic drug, a decision that strips CollaGenex Pharmaceuticals Inc. of patent rights to the drug.

The drug maker vowed to seek “prompt injunctive relief” to protect its patent rights after the U.S. District Court for the District of Columbia upheld the FDA’s classification of Periostat as an antibiotic drug.

Under federal regulations, antibiotics are not entitled to the patent and exclusivity protection otherwise available under the Hatch Waxman amendments to...
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