Orion Oyj, a Finnish drug maker, accused rival Mylan Pharmaceuticals Inc. of infringing three U.S. patents for Stalevo with plans to market copies of the drug, used to treat Parkinson’s disease.
In a complaint filed yesterday in federal court in Wilmington, Delaware, Orion contends the unit of Canonsburg, Pennsylvania-based Mylan Inc. is wrongly preparing to sell generic Stalevo before the patents expire.
“Orion will be substantially and irreparably damaged and harmed” unless the copies are prohibited by a judge, lawyers for Orion said in court papers, which seek legal fees.
Orion, based in Espoo, Finland, said in a statement that “generic competition is not imminent” based on Mylan’s new application to the U.S. Food and Drug Administration for approval of the copies.
In 2009, Orion settled lawsuits against Indian generic drug maker Wockhardt Ltd. over Stalevo and another drug, allowing some generic sales by this September.
Nina Devlin, a Mylan spokeswoman, didn’t immediately return a call seeking comment on the lawsuit.
The case is Orion Corp. v. Mylan Pharmaceuticals Inc., 12cv523, U.S. District Court, District of Delaware (Wilmington).