Thursday, January 15, 2009

Oscient sues Lupin over generic drug

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A unit of Waltham drug maker Oscient Pharmaceuticals Corp. and its licensing partner have filed a patent infringement case against Maryland firm Lupin Pharmaceuticals Inc. over the cardiovascular drug Antara.

Oscient (Nasdaq: OSCI) subsidiary Guardian II Acquisition Corp. and its licensor, French firm Ethypharm SA, filed the lawsuit in the United States District Court for the District of Maryland against Lupin and its Mumbai-based parent Lupin Limited. According to Oscient officials, Lupin plans to market a generic version of Antara before the patent in question expires in August 2020.

Lupin filed an Abbreviated New Drug Application (ANDA) for the generic drug with the U.S. Food and Drug Administration. Final FDA approval of the generic drug product will be stayed until the earlier of 30 months from Dec. 3, 2008, the date Oscient received notice of Lupin’s application, or a court decision in the lawsuit.

Oscient develops pharmaceutical drugs for the treatment of high blood cholesterol and high triglycerides, as well as treatment for chronic bronchitis and pneumonia. For 2007, the company reported a net loss of $29.8 million on total revenue of $80 million.