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US court rules Apotex's Fosamax appeal moot

This article was originally published in Scrip

Executive Summary

The US Court of Appeals for the Federal Circuit has determined in a July 16th decision that the Merck & Co Apotex Fosamax suit is rendered moot by two factual developments brought to the court’s attention after oral argument – including the fact that Apotex no longer suffers a delay in entering the generic marketplace for alendronate sodium tablets. Generic versions of alendronate were approved for sale in the US in February.

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