Apotex Sues Merck Over Lost Sales Of Generic Fosamax

Law360, New York (August 8, 2005, 12:00 AM EDT) -- Canadian drug maker Apotex Inc. has sued Merck & Co. for damages for lost sales of a generic version of osteoporosis drug Fosamax.

In its quarterly report filed Monday with the Securities and Exchange Commission, Merck said that the Federal Court of Canada refused in May to block the approval of generic Fosamax, known as alendronate, because Merck's patent for weekly alendronate was likely invalid.

The decision can't be appealed, and the drug was launched in Canada in June.

Apotex filed its lawsuit in the Federal...
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