Judge dismisses Apotex noninfringement claims over Cosopt

WHITEHOUSE STATION, N.J. A patent dispute between Merck and Apotex over Merck’s ophthalmic drug Cosopt has been dismissed by a federal judge.

Apotex had filed for a generic version of the drug in October 2006, and Merck had sued the company over patent infringement. Apotex then answered back with counterclaims regarding the patents in question related to the drug. Judge Mary Cooper of the U.S. District Court for the District of New Jersey granted Merck’s motion to dismiss Apotex’s remaining counterclaims that sought declaratory judgment of noninfringement and invalidity of two of Merck’s patents regarding Cosopt.

Merck had asked the courts to dismiss the counterclaims because they had disclaimed the two patents in question and therefore believed there was no controversy. The court agreed because it said it lacked jurisdiction in the matter.

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