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Merck & Co. v. Apotex, Inc. (Fed. Cir. 2008)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- Federal Circuit jurisprudence on whether an Article III case or controversy exists continues to evolve regarding the extent to which federal district courts can exercise jurisdiction in patent cases, most recently in Merck & Co. v. Apotex, Inc. (nonprecedential). The dispute was over Apotex's ANDA filing for a generic version of Merck's Fosamax® drug for treating osteoporosis. At issue were Merck's Orange Book-listed patents for Fosamax®, including U.S. Patent Nos. 4,621,077 (claiming the active ingredient, alendronate sodium), 5,358,941, 5,681,590, 5,849,726, 6,008,207, 6,090,410, and 6,194,004 (claiming various formulations of Fosamax® tablets), and 5,994,329, 6,015,801, and 6,225,294...

Full post as published by Patent Docs on July 17, 2008 (boomark / email).