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Federal Circuit Revives Lexapro Patent Suit

Law360 (April 1, 2008, 12:00 AM EDT) -- An appeals court has revived Caraco Pharmaceutical Laboratories Ltd.'s declaratory judgment suit against Forest Laboratories Inc. over a patent for depression drug Lexapro despite a covenant by Forest not to sue its generics-making rival over the patent.

The U.S. Court of Appeals for the Federal Circuit ruled 2-1 on Tuesday that Caraco could sue Forest over U.S. Patent Number 6,916,941 because a controversy would still exist between the drug manufacturers under the Hatch-Waxman Act if the suit could not go forward.

The court said that a...
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