We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Fed. Circ. Affirms Dismissal In Merck Eye Drug Suit

Law360 (August 22, 2008, 12:00 AM EDT) -- A federal appeals court on Thursday upheld a dismissal of Canadian manufacturer Apotex Inc.'s counterclaims against Merck & Co. Inc. in a suit over a generic version of Merck's glaucoma drug Cosopt, finding that any declaratory judgment ruling the court issued would come too late to help Apotex.

In a per curiam opinion, the U.S. Court of Appeals for the Federal Circuit affirmed the ruling for Merck from the U.S. District Court for the District of New Jersey and said that because of the timing in...
To view the full article, register now.