Dr Reddy’s Lab sued for patent infringement in US

27 Dec 2012

Indian drug major Dr Reddy's Laboratories (DRL) is facing patent infringement charges in the US, where Bristol-Myers Squibb Company has filed a suit over alleged copying of its cancer drug Ixempra.

In a petition filed in the United States district court of New Jersey, Bristol-Myers has alleged that DRL has infringed the patents of its drug on three counts.

According to the petition, by a letter dated November 13, 2012, DRL notified Bristol-Myers that the

DRL, the petition dated 13 November 2012 said, had submitted abbreviated new drug application (ANDA) on its proposed drug `Ixabepilone' for injection, as required by the FDA rules.

DRL in its letter said that Ixabepilone injection patents are invalid and or will 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 an anthracycline and a taxane (chemotherapy agents) has sales of nearly $120 million, according to market reports.

''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.

The US drug maker has also sought damages or other relief if DRL engages in commercial manufacture or sale of DRL's ANDA product, or any product that infringes the patents of the drug.