Hi-Tech Loses Motion And Now Awaits FDA Decision

Law360, New York (October 14, 2008, 12:00 AM EDT) -- A federal judge has rejected Hi-Tech Pharmacal Co. Inc.'s motion for a preliminary injunction that would have prevented other drugmakers from marketing a generic version of the glaucoma drug Cosopt until after the company completed its 180 days of market exclusivity.

Hi-Tech had argued that the U.S. Food and Drug Administration must be forced to withhold approval to other generics makers in order to preserve Hi-Tech's exclusivity rights under the Hatch-Waxman Act.

But in an opinion filed Friday, Judge John D. Bates of the U.S. District...
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