Monday, December 12, 2005

Eisai against Teva over Aricept

Motley Fool suggests that Teva forgot that Eisai owns a patent for a lucrative Alzheimer's treatment (Aricept). Does this mean that Teva did not make a Hatch-Waxman contact to Eisai? Hard to believe.

Motley Fool says: Japan's fourth-largest drug maker, Eisai (OTC BB: ESALY.PK), alleges that the Israeli generic drug developer has forgotten that Eisai owns the patent for a lucrative Alzheimer's treatment.

Also: In a U.S. District Court filing, Eisai charged that Teva's plans to begin developing a generic version of its popular drug Aricept infringe on the patent of the treatment's active ingredient, donepezil hydrochloride, which has protection until 2010. Eisai further said it will "vigorously enforce and defend" that patent. Though Teva did not respond to the accusation, the company is often subject to patent infringement lawsuits, which stem from its aggressive encroachment on drugs which near patent expiration.

Elsewhere in the article:
While Teva or Mylan Labs (NYSE: MYL) may develop low-cost versions of the original formulations, and benefit from a six-month exclusivity window, the pharmaceuticals will have to make small formula changes or add new features to differentiate their own offerings. That creates opportunities for companies like Motley Fool Hidden Gems recommendation Flamel Technologies (Nasdaq: FLML); it's working on just such formulations, though it currently has no products on the market. The improved formulations may allow the pharmas to extend the patents [huh?] on their brand-name drugs while coexisting peacefully with their generic predecessors.

Curiously, MSNBC republished the same Motley Fool article at


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