Kos Seeks Court Order to Block Launch of Generic Niaspan

Law360, New York (March 9, 2005, 12:00 AM EST) -- Kos Pharmaceuticals has filed a lawsuit to block Barr Pharmaceuticals from launching generic versions of Kos' cholesterol-lowering drug Niaspan upon the expiration of a 30-month stay of approval by the U.S. Food and Drug Administration.

The lawsuit, filed in U.S. District Court for the Southern District of New York, seeks a temporary restraining order and a preliminary injunction to prevent Barr from launching generic versions of Niaspan 500 mg, 750 mg and 1000 mg extended-release tablets.

The FDA has tentatively approved Barr's applications for the three...
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