Elan sues over patent infringement in US
Elan, Ireland's largest drugmaker, sued a unit of Iceland's Actavis Group HF, accusing the company of infringing two US patents for Focalin XR, a medicine used for treatment of attention deficit hyperactivity disorder.
Actavis South Atlantic LLC of Fort Lauderdale, Florida, formerly Abrika Pharmaceuticals Inc, has applied to the US Food and Drug Administration to sell a copy of Focalin in violation of patents awarded in 2001 and 2004, Elan alleges.
"In Actavis's opinion, the manufacture, use or sale of the proposed generic'' capsules "will not infringe any valid claim'' of the patents, Elan said in the federal lawsuit, which seeks an infringement ruling and an order to prohibit sale of the copies.
Elan, based in Dublin, with a €282m net loss on €343m in 2006 sales, sued a unit of Israel's Teva Pharmaceutical Industries Ltd, the largest generic drugmaker, over the same patents, in the same Delaware court in September.
David Myers Jr, US communications manager for Actavis, didn't immediately return phone and e-mail messages seeking comment on the new lawsuit. Actavis Group reported €1.16bn in 2006 overall sales.
- Phil Milford
