Allowing Warner Chilcott to file a surreply in Mylan’s suit accusing it of blocking generics for the acne medication Doryx by tweaking its formula would only delay Mylan’s appeal of its district court loss without helping further the case, the generic drugmaker has told the Third Circuit.

Actavis PLC-owned Warner Chilcott PLC had asked the court on March 2 for leave to file a surreply to respond to “extraordinary and unfounded accusations” allegedly made by Mylan Pharmaceuticals Inc., but Mylan countered that those claims are hyperbolized and “a ploy to distract the court with overheated rhetoric” instead of addressing the issues on appeal. There are no new arguments Warner Chilcott is attempting to make which couldn’t have been done in its original reply, the generic drugmaker said Monday in an opposition that was made available Wednesday.

Warner is represented by M. Norman Goldberger, Paul J. Koob, David H. Pittinsky and Edward D. Rogers of Ballard Spahr LLP.


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