Sandoz, Intas Can't Ditch Merck's Suit Over Generic Emend

Law360, New York (February 15, 2013, 1:52 PM EST) -- A New Jersey federal judge on Thursday refused to strike a patent infringement claim from Merck Sharp & Dohme Corp.'s dispute with Sandoz Inc. and Intas Pharmaceuticals Ltd. over its anti-nausea drug Emend, ruling the court has proper jurisdiction over the claim.

The companies argued their abbreviated new drug applications for a 150-milligram-dose generic Emend didn't violate one of Merck's Emend patents because the patent in question wasn't listed in the U.S. Food and Drug Administration's Orange Book for the 150-milligram dose, but U.S. District Judge...
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