APOTEX says that a recent High
Court decision about leflunomide
has confirmed that it did not
infringe a patent on the product
held by Sanofi, with the reasons
for the finding having “far-reaching
consequences for the infringement
of patent claims to methods of
medical treatment.”
Apotex regional md Roger
Millichamp said the ruling has
clarified patent infringement,
particularly in cases where generics
are used to treat conditions for
which they are not indicated.
“The effect of the High Court’s
decision is that if the generic drug
is not indicated for the patented
condition, the generic supplier is
not liable for patent infringement if
the generic drug is used by doctors
and patients to treat the patented
condition”.
Millichamp said that Sanofi now
faces the prospect of claims by
Apotex and others for damages,
with litigation running since 2008
and the generic supplier set to
argue that Sanofi should pay costs.The above article was sent to subscribers in Pharmacy Daily's issue from 06 Dec 13 To see the full newsletter, see the embedded issue below or CLICK HERE to download Pharmacy Daily from 06 Dec 13
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