Pharma Blog Watch

Zoloft Patent Case (Orange Book Blog)
In his blog, Aaron Barkoff writes about the Supreme Court's decision not to review a case brought by Apotex to invalidate Pfizer's patent on the antidepressant Zoloft "in which Apotex had asked the court to consider whether listing patents in the Orange Book creates a justiciable controversy, thereby allowing a generic drug company to file a declaratory judgment action for noninfringement or invalidity."

"Because the Court denied Apotex's petition, the Federal Circuit ruling stands: merely listing patent information in the Orange Book does not create a justiciable controversy," he writes.

More on the Zoloft Suit (Patent Baristas)
In his entry, blogger Stephen Albainy-Jenei gives background on the case between Apotex and Pfizer over Zoloft. "Earlier, Pfizer sent Apotex an unconditional covenant not to sue Apotex with respect to [the Zoloft patent]. It also announced that Teva Pharmaceutical had begun marketing its generic version of Zoloft, starting the 180-day exclusivity period that Apotex sought to trigger with a court judgment. Therefore, any future court judgment regarding the '699 patent would no longer have any effect on the exclusivity period," he writes.

"A generic company that is first to break a branded drug's patent is awarded a 180-day period of exclusivity over other generics," he explains. "Generic companies are mad about the Teva deal because it means they don't get a 180-day period of market exclusivity."