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US appeals court deals Apotex a blow on Trusopt generic

This article was originally published in Scrip

Executive Summary

A US appeals court has upheld a lower court ruling which had dismissed Apotex's counterclaims to the ‘735 and ‘443 patents covering Merck & Co's glaucoma treatment Trusopt (dorzolamide ophthalmic solution) for "failure to state a case or controversy" – thus thwarting Apotex's efforts to enter the market with its generic version. The ruling by the US Court of Appeals for the Federal Circuit was handed down on August 21st.

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