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Marion Merrell Dow v. Geneva Generics

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Executive Summary

Lawsuit filed March 3 "by MMD claims that Geneva is infringing one of its patents for Seldane (terfenadine). MMD claims that Geneva's ANDA for a carboxylic acid metabolite of terfenadine, submitted to FDA on Feb. 8, infringes on its patent 4,254,129, Originally issued in 1981. Geneva challenged the patent in a Feb. 8 letter to MMD. MMD claims that the basic Seldane patent, 3,878,217, which expires April 15, 1994, is not the patent pertaining to the metabolite. Geneva says it plans to file a counterclaim shortly. The suit is filed in Denver federal court

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