Swiss drug major Novartis (NOVN: VX) says that that two affiliates of its Alcon Division have prevailed in a US patent infringement law suit filed along with Japan’s Kyowa Hakko Kirin (TYO: 4151) against generic drugmaker Apotex in the US District Court for the Southern District of Indiana.
Alcon's law suit was filed in response to Apotex' submission of an Abbreviated New Drug Application to the US Food and Drug Administration requesting approval to manufacture and sell a generic version of Alcon's prescription eye drop Patanol (olopatadine hydrochloride ophthalmic solution) prior to the expiration of US patent number 5,641,805, which is jointly owned by Alcon and Kyowa. The court's decision, which is subject to appeal, would prevent Apotex from bringing its generic version of the drug to market prior to the Patanol patent expiration in 2015.
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