IVAX seeks court contempt for American BioScience
Friday September 8, 11:43 pm Eastern Time
IVAX seeks court contempt for American BioScience
MIAMI, Sept 8 (Reuters) - Generic drug maker IVAX Corp (AMEX:IVX - news) will ask a federal court to hold American BioScience Inc in contempt for ignoring an order for it and Bristol Myers-Squibb Co (NYSE:BMY - news) to de-list their patents for the cancer drug, Taxol.
IVAX said on Friday American BioScience filed a patent infringement against IVAX and two of its subsidiaries, based partly on the same listing which was ordered to be removed from the Food and Drug Administration's so-called ``Orange Book''.
American BioScience's move came only a few hours after the court ordered the company to de-list the patent from next Wednesday.
On Thursday, Los Angeles U.S. District Court Judge William Bryne granted a limited stay, expiring at the close of business on Sept 13, allowing American BioScience and Bristol-Myers to appeal against the order.
Judge Bryne's Wednesday ruling for the top selling breast and ovarian cancer treatment to be removed from the Orange Book could allow the Miami-based IVAX to soon start selling its copycat version.
The Orange Book lists patents relating to already marketed medicines and generic competition to listed drugs is not allowed for 30 months from the date of listing.
``We do not expect this new suit to have any effect on the timing of our efforts to turn our tentative approval for a generic competitor to Taxol into final FDA approval,'' Neil Flanzraich, IVAX's vice-chairman and president, said in a statement.
``We intend to seek the strongest possible sanctions from Judge Bryne, including a finding of contempt,'' he added.
Taxol had annual global revenues of over $1.5 billion last year and is expected to generate $2 billion next year.
Last month, Bryne ordered Bristol-Myers to register American BioScience's patent in the Orange Book but later changed his ruling. The registration had supported American BioScience patent infringement suits against IVAX or any other companies intending to sell generic Taxol or paclitaxel as it is otherwise known. |
