Merck wins Hi-Tech case

Executive Summary

The Federal Circuit U.S. Court of Appeals on March 30 rejected Hi-Tech's novel argument that Merck's anti-glaucoma drug patent was not entitled to patent term extension because the patent had a terminal disclaimer. Such a disclaimer specifies that a drug is not "patentably distinct" from an earlier patent; Hi-Tech argued that the patent covering Trusopt (dorzolamide) and Cosopt (dorzolamide/timolol) would thus expire on the date of the previous patent (1"The Pink Sheet" Feb. 5, 2007, p. 8)...