Apotex Defends Declaration In Acular Patent Suit

Law360, New York (August 28, 2007, 12:00 AM EDT) -- Apotex Inc. has asserted that a key declaration by a doctor bolsters its opposition to Allergan Inc.’s bid for summary judgment, which alleges the Canadian generic drug maker infringed a patent for Acular when Apotex submitted an application for a generic copy of the itchy eye treatment.

Apotex insisted Tuesday that the U.S. District Court for the Northern District of California should consider the doctor’s declaration as part of its arguments against Allergan’s motion because it raises doubts over whether Apotex’s generic formulation could infringe the...
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