Mylan Sues Procter & Gamble and Watson Over "Authorized Generic"

Law360, New York (March 24, 2004, 12:00 AM EST) -- Mylan Laboratories has filed a lawsuit against Procter & Gamble and Watson Pharmaceuticals, alleging that Watson’s “authorized generic” deal for Procter & Gamble's Macrobid antibiotic (nitrofurantoin) during Mylan's 180-day exclusivity period violates the law.

The lawsuit claims that the agreement between the two companies undermines Hatch-Waxman legislation, which provides an incentive and various rights to a company that successfully challenges patents, according to Mylan.

The lawsuit seeks declaratory and injunctive relief and restitution to consumers and third party payors.

Watson started shipping the drug on Wednesday...
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