Wyeth and Nycomed GmbH have filed a lawsuit against a Novartis AG unit, alleging the company’s application to sell a generic version of heartburn treatment Protonix violates a U.S. patent for the branded drug. Novartis’s Sandoz generic unit notified the companies in early April that it filed for Food and Drug Administration approval of a generic, injectable formulation of the drug, which Wyeth markets as Protonix I.V. Wyeth, which licenses the patent from Nycomed, also sells Protonix in tablet form. Wyeth, based in Madison, New Jersey, and Germany’s Nycomed filed their lawsuit against Sandoz in U.S. District Court for the Northern District of Illinois in Chicago. The suit seeks a court ruling that Sandoz has infringed the Protonix I.V. patent as well as a permanent injunction barring Sandoz from selling a generic version until the patent expires in 2010.
Source: Wall Street Journal
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