Judge Keeps Healthpoint Suit Alive

Law360, New York (March 20, 2008, 12:00 AM EDT) -- A judge has refused to dismiss a lawsuit filed by Healthpoint Ltd. and DPT Laboratories accusing two rivals of wrongly claiming their product is a generic equivalent of XenaDerm, a wound-healing ointment.

In an order Tuesday, Judge Xavier Rodriguez of the U.S. District Court for the Western District of Texas denied a motion to dismiss the suit filed by defendants Allen Pharmaceutical LLC and Pharma Pac LLC.

Healthpoint and DPT sued Allan and Pharma Pac in June 2007, alleging the company was violating the Lanham Act...
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