Lupin drags Ranbaxy to US court over patent violation

NEW DELHI: Pharma major Lupin Ltd has filed a legal suit against rival Ranbaxy in the US, alleging patent violation of its cholesterol-lowering drug, Antara.

In a suit filed in the US District Court of Eastern Pennsylvania last week, Lupin claimed that its Swiss subsidiary, Lupin Atlantis, was the owner of the New Drugs Application for Antara capsules, which has 43 mg and 130 mg of micronised fenofibrate as the active ingredient.

While the patent for the active ingredient is held by France's Ethypharm, Lupin Atlantis has a licencing agreement which gives it the right to enforce a patent case in case of a third party filing for an abbreviated new drug application (ANDA).

Claiming that Daiichi Sankyo subsidiary Ranbaxy's ANDA for generic Antara to the USFDA infringed upon its patent, Lupin Atlantis asked the court to order an injunction that would prevent the Gurgaon-based company from selling its generic copy in the US.

When contacted, a Lupin spokesperson said: "As a policy we do not comment on ongoing litigations."

Ranbaxy officials could not be contacted for comments.