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J&J, Merck Appeal Pepcid Invalidity Ruling

Law360 (August 6, 2007, 12:00 AM EDT) -- Johnson & Johnson and Merck & Co. have appealed a district court ruling that threatened to jeopardize the pharmaceutical giants' patent protection for popular over-the-counter heartburn drug Pepcid Complete.

The drug companies asked the U.S. Court of Appeals for the Federal Circuit on Friday to reverse a New York federal court's decision that a patent used in the formulation of Pepcid was invalid due to obviousness.

In June, U.S. District Court Judge William H. Pauley III declared that generic drug maker Perrigo Co.'s Abbreviated New Drug...
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