Otsuka Says Wockhardt's ANDA Infringes Abilify Patent

Law360, New York (November 1, 2013, 9:27 PM EDT) -- Otsuka Pharmaceutical Co. Ltd. sued Wockhardt USA LLC in New Jersey federal court Thursday for infringing its patent for Abilify, after the generics maker submitted an abbreviated new drug application for its own version of the schizophrenia and depression drug before the patent expires.

The Japanese drugmaker alleges that Switzerland-based Wockhardt Bio AG, through its U.S.-based subsidiary Wockhardt USA, submitted an ANDA to the U.S. Food and Drug Administration that infringes U.S. Patent Number 6,977,257.

"Wockhardt's generic product will, if approved and marketed, infringe at least one claim of the '257 patent," the complaint says.

According to the complaint, the patent,...

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