Sun Pharma loses generic challenge in US court

22 Nov 2010 Evaluate

 Sun Pharmaceutical Industries has lost an opportunity to launch the generic version of a schizophrenia drug that had generated revenue of Rs 18,150 crore in the United States market in 2009. It, with some other generic drug majors, lost a patent battle against Japanese drug major Otsuka and its US business partner, Bristol Myers Squibb (BMS).

A favourable decision in this regard would have seen the company launching a low-cost version of Abilify (aripiprazole), during the year. The district court of New Jersey had ruled last week that Abilify had patent protection and exclusive marketing rights till 2015.

The company is yet to decide if it should appeal to a higher court. It was among a handful of generic drug manufacturers, including Israel’s Teva Pharmaceuticals and Swiss drug maker Novartis’ generic arm, Sandoz that had filed a patent suit on the drug in the US court. For BMS, which holds marketing rights for the drug in US and Europe, the decision has been very positive. Abilify is the sixth-biggest selling drug in the US.

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