Bloomberg News

Mylan Sued by Warner Chilcott Over Generess FE Contraceptive

December 01, 2011

(Updates with excerpt from complaint in third paragraph.)

Dec. 1 (Bloomberg) -- Mylan Inc. was sued by a unit of Warner Chilcott Plc for infringing a U.S. patent with plans to market low-cost copies of the oral contraceptive Generess FE.

Warner Chilcott Co. of Fajardo, Puerto Rico, alleges that Canonsburg, Pennsylvania-based Mylan violated the 2003 patent by applying to the U.S. Food and Drug Administration for approval of generic Generess Fe in chewable tablet form.

Mylan has claimed that the patent “is purportedly invalid, unenforceable, and or will not be infringed” by the generic product, Warner Chilcott said in a complaint filed Nov. 22 in federal court in Trenton, New Jersey. Warner Chilcott denies this claim.

Warner Chilcott seeks a judgment of infringement and a permanent injunction against Mylan’s sale of the drug in the U.S. until the patent expires in 2019.

Generess Fe logged $4.5 million in sales from its introduction in April to Sept. 30, Mylan said in a statement citing IMS Health data.

The case is Warner Chilcott Co. v. Mylan Inc., 11-cv-6844, U.S. District Court, District of New Jersey (Trenton).

To see the patent, click: 6,667,050.

--Editors: Andrew Dunn, Fred Strasser

To contact the reporter on this story: Phil Milford in Wilmington, Delaware, at pmilford@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.


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