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KV Pharmaceutical Sues Perrigo Claiming Infringement of Gynozole Patent
KV Pharmaceutical Co. sued generic- drug maker Perrigo Co., alleging patent infringement with plans to make low-cost copies of the drug Gynazole used to treat female yeast infections.
KV asks a federal judge in Delaware to rule that Perrigo’s sale of its version of the medicinal cream would violate U.S. patent laws, and to issue an injunction to stop Perrigo from marketing the drug until the patent expires in 2017.
“Plaintiffs will be irreparably harmed” without court intervention, KV contends in court papers filed yesterday, which also seek attorney fees.
KV reported a $313.6 million net loss on $312.3 million in sales for the fiscal year ended in March 2009. The company said in March it cut more than 200 jobs after manufacturing problems. Company stock has fallen about 70 percent this year.
Perrigo, which also makes store-brand drugs, reported $2 billion in sales for the fiscal year ended in June 2009. Its shares have risen about 40 percent this year.
Daniel Willard, a Perrigo spokesman, didn’t immediately return voice and e-mail messages seeking comment on the lawsuit.
KV, based in Bridgeton, Missouri, fell 5 cents to $1.09 at 11:49 a.m. in New York Stock Exchange composite trading. Perrigo, of Allegan, Michigan, rose 63 cents to $55.88 in Nasdaq stock market trading.
The case is KV Pharmaceutical Co. v. Perrigo Israel Pharmaceuticals Ltd., 10CV641, U.S. District Court, District of Delaware (Wilmington).
To see the patent: 5,993,856.
To contact the reporter on this story: Phil Milford in Wilmington, Delaware, at pmilford@bloomberg.net.
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