Merck, Sharp & Dohme Corp. has filed a second suit to halt plans by Apotex Inc. for a generic version of Merck’s popular nasal spray, Nasonex, after the company’s previous patent infringement suit in the matter was dismissed.
Merck’s latest suit in federal court in Newark claims Apotex infringed Merck’s ’353 patent for Nasonex by seeking U.S. Food and Drug Administration approval for a generic version even though Merck’s patent runs until October 2017, with pediatric exclusivity through April 2018.
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