Mylan Sued by Warner Chilcott for Patent Infringement Over Generess FE

Mylan Inc. was sued by a unit of Warner Chilcott Plc (WCRX) for infringing a U.S. patent with plans to market low-cost copies of the oral contraceptive Generess FE.

Warner Chilcott Co. of Fajardo, Puerto Rico, alleges that Canonsburg, Pennsylvania-based Mylan violated the 2003 patent by applying to the U.S. Food and Drug Administration for approval of generic Generess Fe in chewable tablet form.

Mylan has claimed that the patent “is purportedly invalid, unenforceable, and or will not be infringed” by the generic product, Warner Chilcott said in a complaint filed Nov. 22 in federal court in Trenton, New Jersey. Warner Chilcott denies this claim.

Warner Chilcott seeks a judgment of infringement and a permanent injunction against Mylan’s sale of the drug in the U.S. until the patent expires in 2019.

Generess Fe logged $4.5 million in sales from its introduction in April to Sept. 30, Mylan said in a statement citing IMS Health data.

The case is Warner Chilcott Co. v. Mylan Inc. (MYL), 11-cv-6844, U.S. District Court, District of New Jersey (Trenton).

To see the patent, click: 6,667,050.

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

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.

Press spacebar to pause and continue. Press esc to stop.

Bloomberg reserves the right to remove comments but is under no obligation to do so, or to explain individual moderation decisions.

Please enable JavaScript to view the comments powered by Disqus.