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Date: 06/14/06
On June 14, 2006 in In Merck v. CanadaDrugs, U.S. District Judge Denny Chin of the Southern District of New York granted Morgan & Finnegan's motion for summary judgment, ruling that Merck is not entitled to pre-complaint patent infringement damages because of its failure to mark its Zocor® product or package with the number of the asserted patent. Merck's counsel had argued that the listing of the Merck patent in the Orange Book satisfied the constructive and/or actual notice requirements of 35 U.S.C. § 287. In his Order, Judge Chin explained that this is not correct. A copy of the order is attached.
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