Fed. Circ. Rules Apotex's Fosamax Appeal Moot

Law360, New York (July 16, 2008, 12:00 AM EDT) -- Since generic versions of Merck & Co.'s osteoporosis drug Fosamax went on sale in February, a lawsuit involving Canadian generics maker Apotex Inc. is moot, the U.S. Court of Appeals for the Federal Circuit ruled Wednesday.

Apotex said it plans to begin marketing a generic version of Fosamax in next month.

Apotex had appealed an April 2007 ruling by the U.S. District Court for the District of Delaware that allowed Merck to drop a lawsuit accusing Apotex of infringing the patent for Fosamax. Merck sued after...
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