Sepracor, Barr Clash Over Asthma Drug

Law360, New York (July 16, 2007, 12:00 AM EDT) -- Sepracor Inc. has asserted five patents against generic drug maker Barr Laboratories Inc. in a bid to stave off competition in the $600 million annual market for the inhaled asthma treatment Xopenex.

Marlborough, Mass.-based Sepracor filed its complaint Thursday in the U.S. District Court for the District of Delaware, accusing Barr of infringing U.S. Patent Numbers 5,362,755; 5,547,994; 5,760,090; 5,844,002 and 6,083,993.

The lawsuit was triggered by the Barr filing an Abbreviated New Drug Application seeking approval from the U.S. Food and Drug Administration for levalbuterol...
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