Astellas files lawsuit for damages on Cefzon

Astellas Pharma has announced that it has signed a lawsuit claiming damages against Taiyo Yakuhin in an attempt to recover losses suffered as a result of the application of an exceptional NHI price reduction to Cefzen (cefdinir).

This price reduction occurred as a result of the acquisition of the NHI price for a generic formulation of the compound by Taiyo while the patent for Cefzon was still valid.

Cefzon is an orally-administered cephalosporin antibiotic that was first launched in capsule form in 1991 and is used to treat respiratory and other infections. A granule form of the drug was launched in 1993.

“The substance patent right on cefdinir expired in September 2003; however, Astellas has a patent on the crystalline form of cefdinir valid until August 2008,” the company reports.

It adds that while other generic manufacturers refrained from obtaining an NHI price for the drug as a result of this later patent, Taiyo went ahead in July 2005 to obtain an NHI price for a cefdinir capsule, causing a price drop in both forms of the drug from Astellas – an action it believes to be tortious.

Earlier this month, Astellas announced plans to reorganise a number of its European business units, including its development, sales and marketing segments.