[Ip-health] FT: Schering claims are ruled invalid

[Mike Palmedo]

http://biz.yahoo.com/ft/020809/1028185635576_1.html

FT.com
Schering claims are ruled invalid
By Christopher Bowe in New York

A federal judge ruled against Schering-Plough yesterday, saying certain
patent claims are invalid for its blockbuster allergy drug Claritin.

The ruling by the US District Court in New Jersey could pave the way for
competitors of the US pharmaceuticals group to launch and sell
inexpensive copy versions of Claritin before next year. 

Schering-Plough is trying to maintain patent protections for Claritin
through 2004 from either prescription generic versions, or over-the-
counter versions of the drug. The initial patent is set to run out on
December 19 for its most popular drug with $3.1bn in sales last year -
almost one-third of total sales.

The company has asked regulators for approval to sell a retail
over-the-counter version of Claritin by November. It wants to preclude
rivals such as Wyeth and Johnson & Johnson from selling competing
versions.

It also seeks to fight off potential generic prescription versions of
loratadine, the key Claritin ingredient. Meanwhile, Schering has
launched a successor to Claritin, Clarinex - which has grown to a 17 per
cent market share.

Swiss drugmaker Novartis has the initial 180 days marketing exclusivity
for prescription generic loratadine.

Schering's shares fell 5 per cent to $22.88. 





-- 
Mike Palmedo
Consumer Project on Technology
Tel: 202-387-8030
Fax: 202-234-5176
P.O. Box 19367
Washington, DC 20036
mpalmedo@cptech.org