Wyeth claims US$960m in damages from Sun Pharma
Over a generic version of Protonix
Wyeth Pharmaceuticals is seeking US$960m in damages from Sun Pharmaceutical Industries for an alleged patent infringement over a generic version of heartburn drug Protonix in the US, the Indian company said.
The original patent relating to Protonix, known chemically as pantoprazole sodium, is held by Swiss pharmaceutical firm Nycomed and was licensed to Wyeth, which has been part of Pfizer since 2009.
Wyeth and Nicomed filed the lawsuit in the US District Court in New Jersey against Sun and Teva Pharmaceutical Industries.
A US court in 2010 denied Sun Pharmaceuticals’ claim that Pfizer’s Protonix patent was invalid, opening the way for damage claims against Sun and Teva who are the manufacturers of the generic drug.
Sun Pharma said it has ‘sound reasons to disagree with these overstated claims of Wyeth’ and ‘continues to believe that the patent is invalid and unenforceable and will pursue all available legal remedies including appeals’.
The Indian drugmaker said it would now provide its own assessment on the purported damages, following which the court will decide on whether there has been patent misuse and determine the appropriate level of damages.
