Apotex Did Not Infringe On Merck's Nasonex Patent: Judge

Law360, New York (June 15, 2012, 8:48 PM EDT) -- A New Jersey federal judge on Friday dismissed Merck & Co. Inc.'s claim that Canadian generic drug maker Apotex Inc. infringes a patent covering Nasonex nasal spray, but also rejected Apotex's claims that the patent was invalid.

In a 46-page ruling, U.S. District Judge Peter G. Sheridan dismissed both parties' claims because each "failed to present credible evidence sufficient to meet its burden of proof by a preponderance of the evidence standard."

The judge said the evidence supplied by Merck did not sufficiently show that Apotex's...
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