Judge Upholds Validity Of US Patent For Otsuka's Abilify
15 Novembre 2010 - 8:15PM
Dow Jones News
A federal judge upheld the validity of a U.S. patent for the
blockbuster antipsychotic Abilify, handing a legal victory to the
drug's co-marketers, Otsuka Pharmaceutical Co. and Bristol-Myers
Squibb Co. (BMY).
Several generic-drug makers including Novartis AG (NVS) and Teva
Pharmaceutical Industries Ltd. (TEVA) had challenged the patent's
validity in an attempt to sell cheaper copycat versions before
patent protection expires in 2015 (including a six-month extension
granted for studying the drug in children).
Otsuka filed patent-infringement lawsuits against the companies
to block the early launch of any generic versions of the drug,
which is approved to treat schizophrenia, bipolar disorder and
depression.
In a decision issued Monday, Judge Mary Cooper in federal court
in New Jersey ruled that the patent was "not invalid," and barred
the generics manufacturers from selling copies before the patent
expired.
Bristol-Myers co-markets Abilify with Otsuka in the U.S. Bristol
reported $1.9 billion in Abilify sales for the first nine months of
2010.
A nonjury trial was held in the case in August. A mandatory,
30-month delay in U.S. regulatory approval of any generic version
of Abilify was due to expire Monday, under federal laws governing
generic drugs and patent litigation.
Bristol-Myers shares rose 40 cents, or 1.5%, to $26.42 in recent
trading.
-Peter Loftus, Dow Jones Newswires; +1-215-656-8289;
peter.loftus@dowjones.com