FDAnews
www.fdanews.com/articles/61718-law-firm-files-patent-suits-for-three-drugs

LAW FIRM FILES PATENT SUITS FOR THREE DRUGS

August 15, 2006

New York law firm Fitzpatrick, Cella, Harper announced that it has filed patent lawsuits on behalf of four clients defending three drug patents -- Sankyo for its hypertension drug Benicar, Eisai for its Alzheimer's disease drug Aricept and Wyeth and Altana for their heartburn drug Protonix. All the suits were filed in the U.S. District Court of the District of New Jersey, the firm said in a statement.

This is Sankyo's first lawsuit involving a generic patent challenge in the U.S., the firm said. Benicar (olmesartan medoxomil) is an angiotensin II receptor antagonist, which prevents the constriction of blood vessels. Forest Laboratories co-promotes the drug with Sankyo in the U.S.

The firm said it has also filed a lawsuit Aug. 3 on behalf of Japanese drugmaker Eisai against Mutual Pharmaceuticals and United Research Laboratories, after the two companies filed to market a generic version of Eisai's Alzheimer's disease drug Aricept (donepezil HCl) tablets. Aricept is Eisai's best-selling drug, with approximately $1 billion in U.S. sales for the 12-month period ending March 31, a company spokeswoman said.

The firm also represents Wyeth Pharmaceuticals and Altana Pharma, which Aug. 4 sued KUDCo Ireland, Kremers Urban Development, Shwarz Pharma, Shwarz Pharma USA Holdings and Shwarz Pharma AG after a generic patent challenge to Wyeth and Altana's heartburn drug Protonix. Protonix (pantoprazole sodium) is indicated to treat acid-reflux disease and to heal and prevent esophageal sores caused by acid reflux. U.S. sales were approximately $2.4 billion in 2005.