Endo Pharmaceuticals Sues Mylan in Delaware Court Over Frova Generic Drug

Endo Pharmaceuticals Holdings Inc. (ENDP) sued to stop Mylan Inc. from marketing a generic copy of Frova before three patents on the migraine drug expire.

Mylan, based in Canonsburg, Pennsylvania, is seeking approval to make and sell a version of the drug’s 2.5 milligram tablets, Endo said in a complaint filed today in federal court in Wilmington, Delaware.

Endo, based in Chadds Ford, Pennsylvania, asked a judge to bar Mylan from infringing the patents. Frova, used to treat acute migraines in adults, was Endo’s fifth-biggest seller last year, according to data compiled by Bloomberg.

Endo, which markets Frova in the U.S., received notice from Mylan of an abbreviated new drug application last month, according to a filing with the U.S. Securities and Exchange Commission. The notice refers to five U.S. patents covering Frova and expiring between 2013 and 2015.

Nina Devlin, a spokeswoman for Mylan, didn’t immediately return a phone call seeking comment on the suit.

The case is Endo Pharmaceuticals Inc. v. Mylan Pharmaceuticals Inc., U.S. District Court, District of Delaware (Wilmington).

To contact the reporter on this story: Sophia Pearson in Wilmington at spearson3@bloomberg.net

To contact the editor responsible for this story: Andrew Dunn at adunn8@bloomberg.net.

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