Cephalon and Eurand file lawsuit

Cephalon and Eurand have said they have filed a lawsuit against Mylan Pharmaceuticals and Barr Pharmaceuticals.

The action follows the accusation of an infringement of Eurand’s US Patent Number 7,387,793 and is based upon Abbreviated New Drug Applications (ANDAs) filed by Mylan and Barr.

The ANDAs sought US Food and Drug Administration (FDA) approval for a generic equivalent of 15 mg and 30 mg doses of Amrix to be sold in the country.

Jerry Pappert, executive vice-president and general counsel of Cephalon, said the company believes the proposed Mylan and Barr products will “infringe the Amrix patent”.

He went on to say: “The Amrix patent was approved by the United States Patent and Trademark Office and is presumed by law to be valid and enforceable. The patent position for this product is strong.”

The company intends to “vigorously defend the Amrix intellectual property”, Mr Pappert added.

Following FDA approval in February 2007, the drug is used as an adjunct to rest and physical therapy for relief of muscle spasm associated with acute, painful musculoskeletal conditions.

Last month, Cephalon was added to Standard and Poor’s (S&P) 500 index.

Replacing General Growth Properties, the biopharmaceutical company’s inclusion also follows a rise in its shares by $0.43 (0.28 pounds) to $72.43.