Bristol-Myers sues DRL in US for patent infringement

Last Updated: Thu, Dec 27, 2012 19:00 hrs

US-based drug maker Bristol-Myers Squibb Company has filed a patent infringement case against Dr Reddy’s Laboratories (DRL) over the cancer drug Ixempra.

Bristol-Myers, in its petition in the district court of New Jersey alleged the Indian drug maker had infringed the patents of its drug on three counts.

According to the petition, DRL notified Bristol-Myers, in a letter dated November 13, that it had filed an abbreviated new drug application (ANDA) concerning its proposed product of Ixabepilone for injection, as required by the rules. The letter further notified that the Ixabepilone injection patents were invalid and would not be infringed by the commercial manufacture, use, offer for sale, or sale of DRL’s ANDA product.

Ixempra, used in the treatment of metastatic, or locally advanced breast cancer in patients, after failure of chemotherapy agents, has $120 million sales, according to market reports.

When contacted, a DRL spokesperson said, "Our intellectual properties (IP) teams keep working on patent infringement cases and engage in related legal activities." "A permanent injunction enjoining DRL, its affiliates and subsidiaries, and all persons and entities acting in concert with DRL from commercially manufacturing, using, offering for sale, or selling DRL's ANDA product within the US .. Until the expiration of the ’384 ( 330, 393 ) patent..." Bristol Myers urged the court. Besides, the US drug maker requested the court to award damages or other relief if DRL engages in commercial manufacture or sale of DRL's Abbreviated New Drug Application product, or any product that infringes the patents of the drug.

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