Mylan Must Pay Ipsen $24 Million on Generics, Paris Court Says

Mylan Inc., a U.S. maker of generic medicines, was ordered by a Paris court to pay French drugmaker Ipsen SA (IPN) 17 million euros ($24 million) for presenting a pill to pharmacists as a substitute for an Ipsen product.

Mylan marketed its drug, Vitalogink, as the “generic drug” of Ipsen’s memory-aid pill Tanakan, rather than as its “therapeutic equivalent,” the Paris court of appeals said in its April 28 decision, reversing a 2008 commercial court ruling.

Mylan’s marketing was “meant to lead prescribers, pharmacists and patients into error, to reap unwarranted profits from the ensuing confusion, at Ipsen Pharma’s expense,” the appeals court said.

Canonsburg, Pennsylvania-based Mylan will appeal the decision to France’s highest appeals court, the company said in a statement.

To contact the reporter on this story: Heather Smith in Paris at hsmith26@bloomberg.net

To contact the editor responsible for this story: Anthony Aarons at aaarons@bloomberg.net.

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