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Federal Circuit Affirms Merck s Victory in Trusopt/Cosopt Case

Posted on October 10, 2008

Merck & Co. v. Apotex, No. 2008-1133 (Fed. Cir. 2008) In 2005, Hi-Tech Pharmacal (HITK) became the first company to file a paragraph IV certification relating to Merck's (MRK) glaucoma drugs Trusopt and Cosopt. Hi-Tech filed paragraph IV certifications with respect to all three of the Orange Book-listed patents for these drugs: U.S. Patent Nos. 4,797,413; 6,248,735; and 6,316,443....

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