[Pharm-policy] More formulation patent lawsuits

[James Love]

Another example of the endless efforts to evergreen patent protection,
this time by Glaxo, involving formulation patents on Wellbutrin SR
(antidepressant used to treat depression) and Zyban (smoking cessation
aid).    Jamie


October 10, 2000


Glaxo Wellcome Files Lawsuit Against Impax Labs

Dow Jones Newswires

HAYWARD, Calif. -- Glaxo Wellcome Inc., a unit of Glaxo Wellcome PLC
(GLX), filed a lawsuit against Impax Laboratories Inc. (IPXL) alleging
patent infringement related to Impax's filing of abbreviated new drug
applications for generic versions of Wellbutrin SR and Zyban
sustained-release tablets.

    [snip]

In August, the Food and Drug Administration accepted Impax's ANDAs for
generic versions of Wellbutrin and Zyban. The filings contain paragraph
IV certifications under the Hatch-Waxman Amendments stating Impax's
belief that its bupropion hydrochloride extended release tablets don't
infringe the Glaxo Wellcome-listed patents on Wellbutrin SR and Zyban.

Impax said isn't surprised by the filing of the lawsuit, which it
believes is without merit.

   [snip]

As reported, Abbott Laboratories (ABT) filed suit against Impax in
September alleging infringement of a patent on Abbott's Tricor treatment
for high cholesterol. AstraZeneca PLC (AZN) filed suit against Impax in
May alleging infringement of patents related to Prilosec.

Company Web site: http://www.impaxlabs.com

-- 
James Love  mailto:love@cptech.org http://www.cptech.org
Consumer Project on Technology, P.O. Box 19367, Washington, DC 20036
voice 1.202.387.8030  fax  1.202.234.5176