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Nicotine patch litigation

Executive Summary

Ciba-Geigy's request for a preliminary injunction against Marion Merrell Dow/Alza's Nicoderm smoking cessation patch is denied in federal court in Newark, N.J. on Dec. 20. Ciba-Geigy said it plans to pursue further legal action against Alza and MMD. In the meantime, Nicoderm's launch will proceed. In a separate case, Elan and U.S. marketing partner Lederle withdrew motion for a preliminary injunction against Ciba-Geigy's Habitrol patch on Dec. 18. The companies said that "the urgency for relief on the basis of irreparable damages no longer had an adequate legal foundation" after the Dec. 13 lifting of a temporary restraining order that had prevented the marketing of Nicoderm. Elan/Lederle had obtained the restraining order Nov. 21 pending a ruling on their request for a preliminary injunction ("The Pink Sheet" Dec. 16, T&G-3).

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