Merck, BMS Target Hetero Over Generic HIV Drug Sustiva

Law360, New York (March 11, 2013, 1:38 PM EDT) -- Merck Sharp & Dohme Corp. and Bristol-Myers Squibb Co. fired off patent infringement allegations in New Jersey federal court Thursday over Hetero Labs Ltd.'s plans to make a generic version of the HIV treatment Sustiva.

BMS alleges Hetero Labs and its Hetero USA Inc. unit have infringed three patents related to the HIV drug by submitting an abbreviated new drug application seeking U.S. Food and Drug Administration approval to make generic form of Sustiva.

Merck is the assignee of two of the patents, but under an...
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