Friday, January 15, 2010

Genzyme slaps lawsuit on generic-drug maker

By Chris Mahoney

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Cambridge-based biotechnology company Genzyme Corp. is joining in a lawsuit against a generic-drug maker, claiming it is infringing on two patents in its manufacture of a treatment for cholesterol.

Genzyme (Nasdaq: GENZ) and Daiichi Sankyo Inc. of Parsippany, N.J., are seeking an order to block Impax Laboratories Inc. of Hayward, Calif., from the manufacture and sale of its generic version of the drug Welchol. In the suit, filed Jan. 14 in U.S. District Court in Delaware, the plaintiffs say that Impax’s generic version infringes on two patents — including one that Genzyme inherited when it acquired GelTex Pharmaceuticals Inc. in 2000 — before their expiration date.

The patents are set to expire in 2014 and 2015, respectively. According to the lawsuit, Impax sent a letter to Genzyme and Daiichi Sankyo Dec. 8 stating that it is seeking FDA approval for its generic version. The plaintiffs claim they “will be irreparably harmed by Impax’s infringing activities unless those activities are enjoyed by this court,” according to the court document.

In a statement released Jan. 15, Impax (Nasdaq: IPXL) said it is challenging the patents in question.