Federal Circuit Dismisses Apotex Suit V. Pfizer Over Accupril Patent

Law360 (April 12, 2005, 12:00 AM EDT) -- The U.S. Court of Appeals for the Federal Circuit has dismissed Canadian generics maker Apotex Inc.’s lawsuit against Pfizer, Inc. after Pfizer covenanted not to sue Apotex for infringement of a patent for the hypertension drug Accupril.

Apotex Inc. had appeal a judgment of the U.S. District Court for the District of Delaware, which dismissed Apotex’s declaratory judgment action for lack of jurisdiction.

Apotex filed its declaratory judgment action to prove that the patent was invalid after Pfizer refused to sue the company for filing an...
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