According to Bloomberg News, Merck plans to appeal a ruling by Judge Peter Sheridan of the US District Court for the District of New Jersey that Merck failed to prove its allegation that Apotex infringed on its Nasonex patent. At the same time, the judge upheld the validity of the patent, which Apotex had challenged.
Apotex filed an ANDA for mometasone nasal spray in November 2009, and Schering, which developed Nasonex prior to its merger with Merck, filed suit in December of that year.
Read the Bloomberg article.
