Otsuka takes aim at Accord in patent suit

Japan-based Otsuka Pharmaceutical has targeted three companies in a patent infringement lawsuit.

The complaint was filed on Monday, September 19 at the US District Court for the District of New Jersey against Indian company Intas Pharmaceuticals, its US-based operation Accord Healthcare, and Indian company Hetero Labs.

Otsuka filed the case after Accord submitted a New Drug Application to the Food and Drug Administration (FDA) seeking the FDA’s approval to commercially manufacture and sell generic versions of two of Otsuka’s drugs.

The patents concerned are US number 9,359,302, which covers the preparation of Abilify (aripiprazole) tablets—Otsuka’s bipolar and schizophrenia medication—and US number 9,387,182, which is directed to carbostyril derivatives and serotonin reuptake inhibitors.

Otsuka has asked the court to order that the effective date of any FDA approval of the defendants’ generic products be later than the patents’ expiry date.

The Japanese company is also seeking injunctive relief and an award of costs, expenses and disbursements in this action, including reasonable attorneys’ fees.

Earlier this month, LSIPR reported that Otsuka filed a complaint against Indian company Ajanta Pharma for allegedly infringing a patent for Abilify.