Patent news

GSK sues over new patent rules

Mon, 15 Oct 2007 06:59:55 -0400

Pharma is one of few industries where patent law doesn't inspire a yawn. So when the U.S. Patent Office introduced unfriendly rules governing patent continuations--vital to protecting brand-name meds--GlaxoSmithKline was first in line to sue.

There's a bunch of legal mumbo-jumbo using terms like "ultra vires," but the gist of the suit is that the rules would weaken patent protection and thus undermine innovation. They could even make it easier to bring patent challenges. Consider that Indian generics makers have praised the new rules, and you'll see which way they lean. Glaxo is asking for an injunction to keep the rules from taking effect November 1 as scheduled.

- read discussion of the suit from Patent Blog

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Read more on: GSK | Patents

King regoups after patent fight loss

Thu, 13 Sep 2007 06:59:55 -0400

Please, please, please change your mind: Yesterday, King Pharmaceuticals lost its fight with Indian generics maker Lupin when a federal appeals court invalidated the patent on Altace. Today, King says it's asking for a rehearing. The court misapplied precedent and relied on factual inaccuracies, the company says.

The high blood pressure remedy was supposed to be safe through October 2008. With sales of $900 million in the 12 months ended June 30, it makes up about one-third of King's revenues--so you can understand the company's consternation. The company had planned to launch a tweaked version of Altace early next year as a sort of trawling net for BP patients tempted to switch to the generic.

- see the release for more info

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Roche: Patent ruling won't stop Mircera

Wed, 29 Aug 2007 06:59:58 -0400

Roche has lost turf to Amgen in their patent battle over Mircera, an anti-anemia drug now under FDA review. A federal judge says that yes, the Roche remedy does infringe on an Amgen patent. Amgen's other patent claims against Mircera are scheduled to go to trial next week.

Amgen, of course, sells the blockbuster anti-anemia drugs Aranesp and Epogen--and they're both crucial to the company's health. In after-hours trading, Amgen was up 1.8 percent on the news; Roche stock had lost 1.8 percent. For its part, Roche says it plans to defy the ruling and launch Mircera in the U.S. as soon as it gets FDA approval. The judge's ruling doesn't affirm the validity of Amgen's patents, the company said in a statement.

- check out this release
- here's the AP report

Related Articles:
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Novartis, Ranbaxy argue over Diovan patent

Mon, 20 Aug 2007 06:59:56 -0400

Meanwhile, Novartis is suing the Indian generics giant Ranbaxy Laboratories over a copycat version of Diovan. Novartis says the blood pressure med--its top seller--is protected by a patent that doesn't expire until 2012. Ranbaxy, however, claims that the patent is invalid.

The generics firm had applied for FDA approval for its version of Diovan, originally stating that it would wait for the patent to expire to sell the drug. But Ranbaxy amended its application in late June to say that it intends to market its version of Diovan.

- see the complaint

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