On Friday, pharma giant Bristol-Myers Squibb Company filed suit against Alembic Pharmaceutical in the District of New Jersey, alleging patent infringement of the leukemia-treating drug Sprycel.
According to their complaint, Bristol-Myers holds two patents concerning this drug and the patents are unexpired. Alembic is a foreign corporation with production in India and a global headquarters in Switzerland with a long history of production of generic drugs.
Bristol-Myers said that Alembic filed an Abbreviated New Drug Application (ANDA) seeking approval of a generic bioequivalent form of Sprycel. The plaintiffs allege that this generic format violate both patents and that Alembic has not sought license to market the drug.
Plaintiffs are suing for violation of the two patents and seeks injunctive relief preventing Alembic from selling the generic prior to the expiration of the patents. The plaintiffs are represented by Walsh Pizzi O’Reilly Falanga LLP.
