New Jersey Federal Judge Denies Dismissal Of Lanham Act Dispute Between Drug Makers
(April 6, 2016, 2:50 PM EDT) -- TRENTON, N.J. — Allegations that Actavis Inc. falsely marked a generic form of oxymorphone hydrochloride extended-release tablets as therapeutically equivalent (“AB rated”) to an updated and allegedly improved brand name drug in violation of the Lanham Act will proceed, a New Jersey federal judge ruled March 21 (Endo Pharmaceuticals Inc. v. Actavis Inc., No. 12-7591, D. N.J.; 2016 U.S. Dist. LEXIS 36059).
(Decision available. Document #16-160404-005Z.)
According to the unpublished ruling by U.S. Judge Kevin McNulty of the District of New Jersey, the claims made by...