Mylan Calls Apotex's Suit A Bid To Destroy Exclusivity Rights

Law360, New York (August 26, 2015, 8:54 PM EDT) -- Mylan Pharmaceuticals Inc. sought to intervene in Apotex Inc.'s suit for a declaration of noninfringement of Daiichi Sankyo Inc.’s Benicar HCT patent, saying Wednesday that Apotex is merely trying to “destroy” Mylan’s 180-day exclusivity period for a generic of the blood pressure drug.

The generic-drug maker told an Illinois federal court that the company earned a statutory right to 180 days of marketing exclusivity for a generic version of Benicar HCT since filing the first abbreviated new drug application and Paragraph IV certification challenging Daiichi’s U.S. Patent No. 6,878,703.

Mylan said it appeared Apotex filed the suit to ascertain whether Apotex...

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