In an appeal by Apotex, the Court of Appeals for the Federal Circuit affirmed a summary judgment in favor of Merck that Merck had been using a process before it was patented by Apotex. Apotex v. Merck & Co. (06-1405)
Apotex Corp. appeals the decision of the United States District Court for the Northern District of Illinois 1 granting summary judgment in favor of Merck & Co. in an action by Apotex to set aside a judgment on charges of fraud. Apotex also asserted state law claims against Merck for common law fraud and tortious interference with prospective economic advantage, and sought to compel discovery pursuant to the crime fraud exception to the attorney-client privilege. The judgment of the district court is affirmed.
Apotex sued Merck alleging that its process for formulating and producing tablets of the pharmaceutical compound enalapril (Vasotec) used to treat high blood pressure) infringed Apotexs U.S. Pat. No. 5,573,780 and No. 5,690,962 .
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