Scottsdale company fights patent infringement
May 1st, 2008, 4:04 pm · Post a Comment · posted by Donna Hogan
Drug makers like Scottsdale-based Medicis’ products so much they want to make their own versions.
Once again Medicis is faced with what it considers possible patent infringement against one of its star performers.
The local company filed notice with the U.S. Securities and Exchange Commission today, stating that it just learned Perrigo Israel Pharmaceuticals filed a new drug application with the U.S. Food and Drug Administration for a generic version of Vanos, a popular dermatitis treatment.
Medicis claims Vanos is patent-protected until 2021. Perrigo’s certification letter alleges Medicis’ patent is invalid.
The Scottdale company is already fighting to keep a competitor from making a generic version of acne treatment Solodyn, another of its core products.
In February, Medicis CEO Jonah Shacknai said he’s pulling no punches in defense of Solodyn.
The company is in litigation, been “very vocal with the FDA,” filed documents with the office of generic drugs, and continued to research “other possible generations of Solodyn,” Shacknai said at the time.
In Thursday’s SEC filing, Medicis said it’s weighing options regarding the assault on Vanos.
The filing reads,”Medicis has forty-five days to commence a patent infringement lawsuit against Perrigo that would automatically stay, or bar, the FDA from approving Perrigo’s ANDA for 30 months or until a district court decision that the asserted patent is invalid, unenforceable or not infringed, whichever may occur earlier. Medicis is evaluating the details of Perrigo’s certification letter and considering its options.”