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Fed. Circ. Affirms Dismissal In Merck Eye Drug Suit

By Melissa Lipman ( August 22, 2008, 12:00 AM EDT) -- A federal appeals court on Thursday upheld a dismissal of Canadian manufacturer Apotex Inc.'s counterclaims against Merck & Co. Inc. in a suit over a generic version of Merck's glaucoma drug Cosopt, finding that any declaratory judgment ruling the court issued would come too late to help Apotex....

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