Apotex Loses Battle With Daiichi Over Ear-Drop Patent

Law360, New York (August 3, 2006, 12:00 AM EDT) -- A New Jersey district court has rejected Apotex Inc.’s generic challenge to Daiichi Sankyo Co.’s Floxin Otic, handing the Japanese pharmaceutical giant a crucial victory in the long-simmering patent brawl over the groundbreaking ear-drop medicine.

Judge William G. Bassler of the U.S. District Court for the District of New Jersey granted Daiichi’s request for summary judgment, ruling that its method-of-treatment patent is valid and enforceable and was infringed by the Canadian manufacturer's generic product.

Daiichi confirmed the news on Thursday, revealing in a filing with the...
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