Wyeth makes $960 mn claims on Protonix patent case: Sun Pharma
Sun Pharma said US-based Wyeth Pharma has sought damages worth $960 mn related to their ongoing patent dispute over generic version of Protonix drug.
By PTI | Updated:
NEW DELHI: Sun Pharmaceutical Industries on Wednesday said that US-based Wyeth Pharmaceuticals has sought damages worth USD 960 million related to their ongoing patent dispute over a generic version of Protonix drug.
Protonix is a registered trademark of Wyeth, which was acquired by Pfizer in 2009. In a regulatory filing, Sun Pharma said that Wyeth has submitted to the District Court of New Jersey confidential expert reports claiming damages against Sun Pharma and Teva, arising out of their earlier "at-risk launches".
"Wyeth's experts have estimated the purported damages from Sun Pharma to be USD 960 million. Wyeth's experts have also claimed Teva may be liable for some of Sun Pharma's damages and vice versa," the filing said.
Protonix drug is used to treat heartburn. However, Sun Pharma said that it has sound reasons to disagree with the claims.
"Sun Pharma believes that it has sound reasons to disagree with these overstated claims of Wyeth and also continues to believe that the patent is invalid and unenforceable and will pursue all available legal remedies including appeals," the filing noted.
Sun Pharma said that in due course, it would also come out with its expert reports providing assessment on the purported damages. "After this, patent misuse and appropriate level of damages will be determined," it added.
In 2010, the District Court had turned down Sun Pharma's request to "reverse the jury verdict that the patent is not invalid".
Wyeth and Nycomed, the company from which the Protonix was licensed, had initiated legal action against Sun Pharma and Teva over alleged patent violations in 2004.
Protonix is a registered trademark of Wyeth, which was acquired by Pfizer in 2009. In a regulatory filing, Sun Pharma said that Wyeth has submitted to the District Court of New Jersey confidential expert reports claiming damages against Sun Pharma and Teva, arising out of their earlier "at-risk launches".
"Wyeth's experts have estimated the purported damages from Sun Pharma to be USD 960 million. Wyeth's experts have also claimed Teva may be liable for some of Sun Pharma's damages and vice versa," the filing said.
Protonix drug is used to treat heartburn. However, Sun Pharma said that it has sound reasons to disagree with the claims.
"Sun Pharma believes that it has sound reasons to disagree with these overstated claims of Wyeth and also continues to believe that the patent is invalid and unenforceable and will pursue all available legal remedies including appeals," the filing noted.
Sun Pharma said that in due course, it would also come out with its expert reports providing assessment on the purported damages. "After this, patent misuse and appropriate level of damages will be determined," it added.
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In 2010, the District Court had turned down Sun Pharma's request to "reverse the jury verdict that the patent is not invalid".
Wyeth and Nycomed, the company from which the Protonix was licensed, had initiated legal action against Sun Pharma and Teva over alleged patent violations in 2004.
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