Biovail Accuses Elan, Fournier Of Misleading USPTO

By Liz McKenzie

Law360, New York (November 10, 2009, 4:41 PM ET) -- Biovail Corp. has fired back in a lawsuit over its generic formulation of cholesterol treatment TriCor, alleging that the patents for TriCor owned by Elan Pharma International Ltd. and Fournier Laboratories Ireland Ltd. are invalid.

In a counterclaims filed Monday in the U.S. District Court of New Jersey, Biovail alleged that the three patents covering TriCor are invalid and that the plaintiffs made misrepresentations to the U.S. Patent and Trademark Office when registering the first of the patents.

Biovail says the conduct of the plaintiffs’ counsel...
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