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Loratadine litigation

This article was originally published in The Tan Sheet

Executive Summary

New Jersey federal court is directed to "dismiss as moot Schering's claims and McNeil's defenses and counterclaims" in Claritin patent litigation, Federal Circuit Judge Alan Lourie says in July 2 order. Schering's motion to dismiss McNeil case was filed in April after Tylenol marketer withdrew its 505(b)(2) NDA for loratadine, rendering patent infringement lawsuit against the firm moot. Schering maintains it "was not involved in McNeil's withdrawal decision and had no input regarding its occurrence or timing." Because the case "has become moot through no voluntary action by Schering, it is appropriate to vacate the district court's judgement," Lourie says. However, Schering still is involved in 18 appeals of the lower court decision that some of its loratadine patent claims are invalid (1"The Tan Sheet" Aug. 12, 2002, p. 3). McNeil filed an NDA for loratadine in late 2001 and originally intended to market the drug as Proclir...

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