The Miami Herald Business Briefs Column
Sep. 8 (The Miami Herald/KRTBN)--DRUG FIRM CHEERS JUDGE'S RULING: Miami-based Ivax (IVX), fighting to produce a generic version of Bristol-Myers Squibb's Taxol cancer drug, won another round in the courtroom Thursday.
In Los Angeles, U.S. District Judge William Byrne refused to issue a stay on his Wednesday ruling that he lacked jurisdiction in a Taxol patent dispute.
The dispute is between Bristol-Myers and a small California company called American BioScience.
Last month, Byrne had ruled that the patent dispute must be reported to the Food and Drug Administration. Under federal
regulations, that would have automatically prevented Ivax from introducing a generic form of Taxol for 30 months.
After reversing himself Wednesday, Byrne was asked Thursday by Bristol-Myers to issue a stay on his ruling until the appeals process is completed. He declined, although he granted a limited stay of one week, to give Bristol-Myers time to seek relief from the Ninth Circuit Court of Apppeals.
Ivax has received tentative approval from the Food and Drug Administration for its generic version of Taxol, which is the world's best-selling cancer drug. However, all patent disputes must be settled before its product can be marketed.
Bristol-Myers is being investigated by the Federal Trade Commission for its actions in the case, according to court filings, with the FTC specifically looking at whether the company engaged in collusion to thwart Ivax's efforts to keep a generic form of Taxol off the market.
My comments: 9/7/00 WSJ made the same comment that BMY is being investigated for illegal behavior in the Taxol case. -- Taxol is a $3 billion a year drug. |
