Judge Keeps Alive Dey's Fight For Xopenex ANDA
By Melissa Lipman ( February 2, 2009, 12:00 AM EST) -- A federal judge has refused to dismiss Dey LP's declaratory action suit against Sepracor Inc. over Xopenex after finding that a justiciable controversy remained in the case despite Sepracor's promise not to sue the generics manufacturer for infringement of the asthma drug patent....
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