Andrx Sued by Abbott Labs Over Generic Depakote Version

Andrx, a specialty pharmaceutical maker, faces a patent infringement suit from Abbott Labs over its proposed generic version of the anti-epilepsy drug Depakote. Abbott claims that Andrx's proposed generic version violates their patent rights, which were issued in 1991 and 1993. The dispute highlights the common practice of brand-name pharmaceutical companies defending their patents against generic manufacturers. Meanwhile, Andrx argues that their compound achieves the same results as Depakote without infringing on Abbott's patent rights.

Key Takeaways:

• Andrx has been sued by Abbott Labs for patent infringement over its proposed generic version of Depakote, an anti-epilepsy drug used to treat bipolar disorder and migraine headaches.
• Abbott claims two patent rights on Depakote, issued in 1991 and 1993, and will defend them vigorously.
• Patent disputes are common between brand-name pharmaceutical companies and generic manufacturers, with the former often losing economic power once cheaper generics are available.
• Andrx argues that their compound does not infringe on Abbott's patent rights, allowing them to market the product pending FDA approval.
• Andrx has successfully defended itself in three similar lawsuits in the past, with Andy Page stating that the company has "a great track record" of winning these cases.
• Abbott Labs' patent on Depakote does not expire until 2008, but Andrx hopes to launch its product in 2003, pending FDA approval.

Statistics:

• Andrx's proposed generic version of Depakote could become available to consumers in 2003, pending FDA approval.
• Abbott Labs' patent on Depakote expires in 2008.
• Andrx has successfully defended itself in three similar lawsuits in the past.

Sources:

• The Miami Herald
• Knight Ridder/Tribune Information Services