CLARKSBURG – A drug company is suing a pharmaceutical company in a patent issue involving medication for Type 2 diabetes.
AstraZeneca AB filed a lawsuit on June 3 in the United States District Court for the Northern District of West Virginia against Mylan Pharmaceuticals Inc., citing patent infringement.
The lawsuit claims there were at least two drugs AstraZeneca has patents for and Mylan submitted applications to the Food and Drug Administration to commercially sell the drugs before the patents expired.
AstraZeneca is seeking the court to rule the patents are not invalid and an order providing an effective date of any approval not to be a date earlier than the latest expiration date, an order to enjoin Mylan and anyone associated with it to make, sell or import the generic version of the tablet before the latest expiration date and monetary damages if Mylan attempts to sell, manufacture or import the tablets.
AstraZeneca is represented by James F. Companion of Schrader, Byrd & Companion P.L.L.C. of Wheeling.
United States District Court for the Northern District of West Virginia Case No. 1:14-CV-00094-IMK