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Claritin Litigation Rehearing Denial Could Affect New Drug Patents

This article was originally published in The Tan Sheet

Executive Summary

A Washington, D.C. federal appeals court ruling not to rehear Schering-Plough's adverse desloratadine patent infringement decision en banc could hold serious implications for future new drugs and biologics, two dissenting judges argue

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Andrx loratadine approval

FDA approves Abbreviated New Drug Application for 10 mg loratadine orally disintegrating tablets, Andrx Corporation announces Nov. 4. The tablets are bioequivalent to Schering-Plough's Claritin RediTabs. Perrigo already markets Andrx's generic versions of Claritin D24 and Claritin RediTabs. Andrx is one of at least three companies facing suits filed by Schering-Plough arguing that the firms violated certain patent claims for Clarinex (desloratadine). A Washington, D.C. federal appeals court recently upheld a D.C. appeals court decision ruling that manufacturers of generic Claritin were not infringing on those claims (1"The Tan Sheet" Nov. 3, 2003, p. 4)...

Andrx loratadine approval

FDA approves Abbreviated New Drug Application for 10 mg loratadine orally disintegrating tablets, Andrx Corporation announces Nov. 4. The tablets are bioequivalent to Schering-Plough's Claritin RediTabs. Perrigo already markets Andrx's generic versions of Claritin D24 and Claritin RediTabs. Andrx is one of at least three companies facing suits filed by Schering-Plough arguing that the firms violated certain patent claims for Clarinex (desloratadine). A Washington, D.C. federal appeals court recently upheld a D.C. appeals court decision ruling that manufacturers of generic Claritin were not infringing on those claims (1"The Tan Sheet" Nov. 3, 2003, p. 4)...

Andrx loratadine approval

FDA approves Abbreviated New Drug Application for 10 mg loratadine orally disintegrating tablets, Andrx Corporation announces Nov. 4. The tablets are bioequivalent to Schering-Plough's Claritin RediTabs. Perrigo already markets Andrx's generic versions of Claritin D24 and Claritin RediTabs. Andrx is one of at least three companies facing suits filed by Schering-Plough arguing that the firms violated certain patent claims for Clarinex (desloratadine). A Washington, D.C. federal appeals court recently upheld a D.C. appeals court decision ruling that manufacturers of generic Claritin were not infringing on those claims (1"The Tan Sheet" Nov. 3, 2003, p. 4)...

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