Bristol Myers Squibb Sues Over Leukemia Treatment

On Wednesday a case was filed in the District of New Jersey. The case was filed by Bristol Myers Squibb Company against Eugia Pharma Specialties. The case is regarading possible infringement of a patent regarding the drug Sprycel.

Sprycel is a drug used to treat adults with newly diagnosed Philadelphia chromosome–positive (Ph+) chronic myeloid leukemia (CML) in chronic phase and adults with Ph+ CML who no longer benefit from, or did not tolerate, other treatment.

Bristol Myers, according to their complaint, is the assignee of two patents regarding the creation of Sprycel as well as the holder of the New Drug Application with the Food and Drug Administration (FDA) approving this drug for consumer use.

The complaint explained that Eugia Pharma is a pharmacy company that frequently submits Abbreviated New Drug Application (ANDA) requests to the FDA for generic equivalents for commonly used drugs. The plaintiff accuses Eugia Phama of submitting a ANDA to offer a generic equivalent for Sprycel prior to the expiration of the involved patents.

Bristol Myers is suing for patent infringement and seeks injunctive relief and monetary damages. They are represented by Walsh Pizzi O’Reilly Falanga LLP and Kirkland & Ellis LLP.