Skip to main content

Schering Corp (Merck & Co) Vs Sun Pharma

By
A patent infringement complaint was filed by Schering Corp a subsidiary of a Multi national pharma company Merck & Co against Sun Pharma Indian Pharma Company last week in the district court for New Jersey.

This complaint was filed in regard to the generic version of most widely used brain cancer drug Temodar. Sun Pharma filed an Abbreviated New Drug Application (ANDA) to launch a Generic version of Temodar in the US Market.

Temodar, which Merck acquired through the acquisition of Schering-Plough last year, has annual global sales of about $1 billion. It has sales of about $380 million only in the US market.

Interestingly Merck & Co has the patent protection for Temodar in US till 11th August 2013. The world's leading generic company, Israel's Teva Pharmaceutical-owned Barr Laboratories, had succeeded early this year in invalidating patent rights of the same drug so Sun Pharma assuming the significance of the above decision filed an ANDA.

The patent litigations were very common in generic drug business in the US. According to the US rules for generic drug launches, the generic company which files a patent-infringing ANDA has to be sued by the innovator within 45 days to prevent the FDA from approving the generic for the next 30 months. In most such cases, the companies settle the litigation out of court.

Comments

Post a Comment

Popular posts from this blog

IPAB has allowed an appeal and granted patent to Pfizer for Tofacitinib and its salts

By
                                                    In a decision dated 21st August 2020 IPAB vide its  Order  has allowed an appeal and granted Patent  to Appellant M/s. PFIZER PRODUCTS INC., USA  for Tofacitinib and its salts. The appeal is against the   order dated 3 rd  September 2015 passed by the Controller of Patents under Section 15 of the Indian Patents Act, whereby the Appellant’s Indian patent application no. 00991/MUMNP/2003 was rejected on the ground that it is hit by section 13(1)(b) and being non-patentable under section 3(d). The Appellant requested for an urgent hearing of the matter and IPAB considered the request for urgent hearing and passed the present order.  This Patent application claimed the compound 3-{(3R,4R)-4-Methyl-3-[methyl-(7H-pyrrolo[2,3-d]pyrimidin-4-yl)-amino]-piper...
Post a Comment
Read more

Tata's Herbal Tea fails to get patent protection

By
The patent office has refused to grant a patent to Tata Global Beverages (formerly known as Tata Tea) for its 'invention' regarding a process for preparation of flavoured herbal tea. Based on the opposition filed by Hindustan Unilever Limited (HUL) and TATA Tea failed to provide sufficiency of disclosure of the invention the Controller of Patents refused to grant patent.   Tata Global  Beverages, the patent application has claimed a new flavoured herbal tea composition comprising 1% to 8% of Darjeeling Broken, 10% to 50% of flavour concentrate and the rest being tea particles. Tata Global Beverages had submitted the patent filing without appropriate clarification for the unique taste for the tea composition. It was unable to find out the technical advancement of the application as compared to the existing knowledge. Thus controller had to refuse the grant of patent. Source:  http://www.financialexpress.com/article/markets/commodities/tata-global-bev...
Post a Comment
Read more

Honourable Justice Manmohan Singh Tenure as Chairman of IPAB (Intellectual Property Appellate Board) extended for Another three months

By
  The Supreme Court on September 16, 2020 has extended the tenure of Honourable Justice Manmohan Singh as Chairman of IPAB (Intellectual Property Appellate Board)  for another three months.  Justice Manmohan Singh was appointed on July 2017 for a term of three years.  However as per the rules governing the appointment his term would come to an end on attaining retirement age of 65 years on 22nd September 2019. Since Government has not appointed any Chairman thereafter, on a Petition by International Association for Protection of Intellectual Property (AIPPI) the Supreme Court has extended his term for another year i.e, till 21st September 2020 as the Petitioner claimed that IPAB will be Defunct with his retirement thereby causing hardship several litigants. The Central Government has notified in March 2020 that Justice Singh will continue as the chairman of IPAB up to September 21, 2020, or until further orders, whichever is earlier.  Now with this extension, Ho...
Post a Comment
Read more