Case Name:Apotex Inc. v. Forest Laboratories, Inc.
Judge: Hon. Arthur J. Tarnow
On January 10, 2011, Plaintiff Apotex Inc. filed suit against Defendants Forest Laboratories, Inc., Forest Laboratories Holdings Ltd., and H. Lundbeck A/S for declaratory judgment of non-infringement with respect to Defendants’ patents U.S. Patent Nos. 6,916,941 and 7,420,069 generally relating to the medication LEXAPRO, which treats anxiety and depression. Plaintiff brought the action in order to fulfill statutory requirements under the Medicare Modernization Act (MMA) to market a generic version of Defendants’ drug by showing their generic did not infringe on the Defendants’ patents. Plaintiff motioned for judgment on the issue on March 4, 2010. Defendants’ responded with a motion to dismiss alleging the Plaintiff failed to follow the proper procedures to bring suit under the MMA. However, before the Judge ruled on the two motions, Plaintiff voluntarily dismissed the case on June 30, 2011.