The U.S. Supreme Court on Nov. 9 decided not to review a Hatch-Waxman Act quirk that had a drug patent holder and the first generic drug maker to seek approval pitted against another generic drug maker who wants to compete (Daiichi Sankyo, Inc. v. Apotex Inc.review denied; Mylan Pharms. Inc. v. Apotex Inc.review denied).
Patent owner Daiichi Sankyo Inc. and first generic filer Mylan Pharmaceuticals Inc. now face the prospect of a district court win by Apotex Inc. that would force competition over Benicar (olmesartan medoxomil), a treatment for high blood pressure.
The firms tried to use ...
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