Company says Mylan infringed on Parkinson's drug patent

By Kelly Holleran | Nov 1, 2010

MORGANTOWN -- A Delaware company has filed suit against Mylan, alleging it infringed on a patent for a prescription drug to treat Parkinson's Disease.

Teva Neuroscience claims it holds a new drug application for the oral treatment Azilect, which is used to treat idiopathic Parkinson's Disease.

Since then, Mylan filed a new drug application seeking approval to market a generic form of the medication, according to the complaint filed Oct. 5 in U.S. District Court for the Northern District of West Virginia.

"Mylan Pharmaceuticals infringed the '446 patent by submitting the Mylan ANDA to the FDA seeking approval to market Mylan's generic Azilect products containing rasagiline mesylate before the expiration of the '446 patent," the suit states.

Because of the infringement, Teva says it has been damaged and will continue to be damaged unless the infringement is prevented.
In its one-count complaint, Teva alleges infringement of its patents for the medication.

It is asking the court to declare that Mylan's request for approval of the generic form of medication before the expiration of Teva's patents is an act of infringement, to issue an order preventing the FDA from approving a generic form of the drug before Teva's patent expiration date and to issue a permanent injunction preventing Mylan from seeking approval for its generic medication until after Teva's patent expires.

In addition, it is asking for a judgment in its favor should Mylan sell a generic version of the drug and to award Teva attorneys' fees, costs and other relief the court deems just.

It will be represented by James F. Companion and John Porco of Schrader, Byrd and Companion in Wheeling and Francis C. Lynch of Goodwin Procter in Boston.

U.S. District Court case number: 1:10-cv-171

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