Zoetis sues rival over generic pet vomiting treatment

Veterinary drug maker Dechra’s generic of a drug that treats vomiting in dogs and cats, Cerenia (Maropitant), infringes a patent owned by its competitor Zoetis, a new lawsuit has alleged.

The dispute began when Dechra filed an Abbreviated New Animal Drug Application (ANADA) to market Emavert, a generic variant of Zoetis’ Cerenia injection before the expiration of its patent, US number 8,183,230 in 2027.

The ‘230 patent is currently listed in the Food and Drug Administration’s (FDA) approved animal drug products (known as the ‘Green Book’).

Zoetis filed the complaint at the US District Court for the District of Delaware on Friday September 17.

The pharmaceutical company is seeking a court order to block Dechra from making the product until the expiration of the ‘230 patent or damages if the ANADA is manufactured and sold before this date,

However, in the notice letter submitted to Zoetis, Dechra claimed that the ‘230 patent will not be infringed by the commercialisation and use of its ANADA product.

After receiving the letter, in-house counsel at Zoetis requested Dechra to provide more technical information on the composition of the ANADA on August 11, 2020, which Dechra obliged.

On August 25, Zoetis requested a complete copy of the ANADA and a sample of the product to enable Zoetis to “fully consider the assertion” that the product did not infringe on the ‘230 patent.

“To this date, Zoetis has not received a complete copy of the ANADA, nor a sample of the product,” Zoetis alleged in its complaint.

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