March 20 (Bloomberg) -- The State University of New York, Galderma Laboratories LP and New York University sued generic- drug maker Mylan Pharmaceuticals Inc. for allegedly infringing four patents for the drug Oracea, used to treat skin blemishes.

The Albany-based state university’s research foundation, Fort Worth, Texas-based Galderma and NYU contend Mylan’s application to the U.S. Food and Drug Administration for approval of generic Oracea capsules infringe patents awarded since 1998.

“Mylan was aware of the existence” of the patents, and the patent-holders “will be irreparably harmed” unless stopped by a judge, the plaintiffs said in a complaint filed yesterday in federal court in Wilmington, Delaware.

Galderma, which specializes in dermatology drugs, was created in 1981 as a joint venture between Switzerland’s Nestle SA, the world’s largest food company, and France’s L’Oreal, the biggest cosmetics maker, according to its Web site.

Michael Laffin, a spokesman for Canonsburg, Pennsylvania- based Mylan parent Mylan Inc., didn’t immediately return a message seeking comment on the lawsuit.

Mylan, with $5.13 billion in sales last year, is the largest U.S. generic-drug maker. The company had a 2008 net loss of $181.2 million, narrower than the $1.13 billion net loss the year before when it bought Merck KGaA’s generic-drug unit for $7 billion.

Mylan fell 33 cents, or 2.5 percent, to $12.88 in Nasdaq Stock Market trading. The stock has risen 30 percent this year.

The case is The Research Foundation of State University of New York v. Mylan Pharmaceuticals Inc., 09CV184, U.S. District Court, District of Delaware (Wilmington).

To see the patents, click: 7,211,267; 7,232,572; 5,919,775; and 5,789,395.

To contact the reporter on this story: Phil Milford in Wilmington, Delaware, at pmilford@bloomberg.net.

Last Updated: March 20, 2009 17:14 EDT