06/10/2013 On June 10, 2013, the U.S. Court of Appeals for the Federal Circuit affirmed the June 2012 ruling by the U.S. District Court for the District of New Jersey finding that Apotex Inc.’s generic mometasone furoate nasal spray product does not infringe U.S. Patent No. 6,127,353. In the litigation, Merck Sharp & Dohme Corp. (formerly known as Schering Corp.) sought to prevent Apotex’s marketing of a generic equivalent to Nasonex® (mometasone furoate). After a 7-day bench trial, the District Court concluded that Apotex’s generic mometasone furoate nasal spray product does not infringe the ‘353 patent.
Deanne Mazzochi argued for Apotex in the Federal Circuit. Deanne Mazzochi, Paul Molino, William Rakoczy and Matthew Anderson tried the case in the district court for Apotex.