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Upsher-Smith, Unigene Sue Apotex After ANDA Filing

Law360 (July 25, 2006, 12:00 AM EDT) -- Upsher-Smith Laboratories Inc. and Unigene Laboratories Inc. have targeted generic pharmaceutical maker Apotex Inc. and its U.S. unit in a patent infringement suit for attempting to break into the nasal spray market with a generic version of Fortical.

Upsher-Smith and Unigene jointly filed the suit in the U.S. District Court for the Southern District of New York on Tuesday, shortly after the Canadian company submitted an Abbreviated New Drug Application to the Food and Drug Administration.

Apotex promoted its nasal spray product as a generic version...
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