Synthon Claims Sepracor Misled USPTO On Xyzal

Law360, New York (January 8, 2010, 2:06 PM EST) -- Bolstering its bid for permission to market a generic version of allergy treatment Xyzal, Synthon Pharmaceuticals Inc. is claiming that Sepracor Inc. misled the U.S. Patent and Trademark Office when it sought a patent for the active ingredient in the drug.

Synthon and its affiliates filed an amended answer to Sepracor’s complaint in the patent infringement dispute on Thursday in the U.S. District Court for the Eastern District of North Carolina, claiming that Sepracor intentionally provided erroneous information in seeking approval for U.S. Patent Number 5,698,558....
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