Bloomberg News

Noven Files Patent Suit Against Watson Over Daytrana Copy

October 13, 2011

(Updates with Watson comment in fourth paragraph.)

Oct. 13 (Bloomberg) -- Hisamitsu Pharmaceutical Co.’s Noven Pharmaceuticals unit sued Watson Pharmaceuticals Inc. to prevent it from selling a generic version of Daytrana, a skin patch for children with attention deficit disorder.

Watson is seeking U.S. Food and Drug Administration approval to sell a copy of Daytrana, according to the complaint filed today in federal court in Newark, New Jersey. Miami-based Noven said the Watson version would infringe two patents and seeks a court order to prevent sales until the patents expire in 2018.

Under federal drug law, the filing of the lawsuit prevents the FDA from granting Watson final approval for 30 months unless a court rules in the generic-drug maker’s favor before then.

“We are challenging the patents on the product,” said Charlie Mayr, a spokesman for Parsippany, New Jersey-based Watson, in a phone interview. He declined to comment further.

The case is Noven Pharmaceuticals v. Watson Laboratories, U.S. District Court, District of New Jersey (Newark).

--Editors: Andrew Dunn, Stephen Farr

To contact the reporters on this story: David Voreacos in Newark, New Jersey, at dvoreacos@bloomberg.net; Susan Decker in Washington at Sdecker1@bloomberg.net.

To contact the editors responsible for this story: Michael Hytha at mhytha@bloomberg.net; Allan Holmes at aholmes25@bloomberg.net.


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