Wyeth preliminary injunction rejected by court

Moves by Wyeth and its business partner Nycomed to take out a preliminary injunction against Teva Pharmaceuticals and Sun Pharmaceuticals has been rejected by the United States District Court for the District of New Jersey, according to new reports.

Wyeth had attempted to block the launch of a generic version of Protonix, also known as pantoprazole sodium, before the expiry date of its patent – due in July 2010.

The court determined that Teva was able to have sufficiently questioned the validity of the patent to preclude issuance of the extraordinary remedy of a preliminary injunction, although it did not conclude that the patent was invalid.

Now the case is to go to trial, as the New Jersey court stated that a “higher burden of proof, clear and convincing evidence” would have to be shown.

Wyeth and Nycomed claim that the Protonix patent is still valid and are set to continue legal action against Teva and Sun.

Based in Madison, New Jersey, Wyeth claims to be currently exploring over 60 new therapies for conditions including HIV, breast cancer and diabetes.