Bloomberg News

Apotex Will Delay Generic Boniva Sales During Patent Case

October 14, 2011

(Updates with lawsuit claims in second paragraph.)

Oct. 14 (Bloomberg) -- Apotex Inc. agreed to delay selling a generic version of the osteoporosis drug Boniva until a judge rules on the validity of a Roche Holding AG patent on the medicine that expires in March 2012.

Apotex, based in Toronto, is seeking U.S. Food and Drug Administration approval to sell a copy of Boniva. In 2007, Roche sued in federal court in Newark, New Jersey, claiming its patent is valid and enforceable, and that Apotex infringed it.

Under an accord filed in court Oct. 11, Apotex agreed it wouldn’t sell its copy until U.S. District Judge Stanley Chesler rules on the validity and enforcement questions or the patent expires, whichever comes first. Roche agreed to post a $1 million bond.

The case is Hoffman-LaRoche Inc. v. Apotex Inc., 2:07-cv- 04417, U.S. District Court, District of New Jersey (Newark).

--Editors: Andrew Dunn, Charles Carter.

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; Michael Shepard at mshepard7@bloomberg.net.


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