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Neurontin, Paxil Generic Exclusivity Disputes Dismissed By Appeals Court

This article was originally published in The Pink Sheet Daily

Executive Summary

The appellate judges decline to rule on the validity of FDA’s patent-by-patent approach to awarding generic marketing exclusivity in either case. Apotex’ challenge to Purepac’s gabapentin exclusivity is barred by earlier litigation, court says; FDA’s appeal stemming from paroxetine exclusivity ruling is dismissed as moot.

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