Friday, June 27, 2008

Double-patenting "does in" Boehringer's Mirapex

Barr Pharmaceuticals Inc. and Mylan Inc. invalidated a patent (4,886,812) of Boehringer Ingelheim on Mirapex in D. Delaware (Judge Joseph J. Farnan Jr. ).

Bloomberg noted: Barr, based in Montvale, New Jersey, fell 45 cents yesterday to $43.05 in New York Stock Exchange composite trading. Mylan, based in Cannonsburg, Pennsylvania, dropped 56 cents to $11.56 on the NYSE. [IPBiz notes Mylan has large facilities in West Virginia.]

The Motley Fool pointed out another angle:

When Barr does finally launch, the big loser -- other than Boehringer -- will be GlaxoSmithKline, which sells a competing drug, Requip. Some patients taking Requip may switch over to generic Mirapex to save a few bucks on copayments every month -- or a lot of bucks, if they don't have insurance.

The title of the Fool article: Barr's Lawyers Earn Their Keep


Anonymous Anonymous said...

hi there,

in cases like this in which everything goes pretty much like Hatch Waxman clock work, if a patent is declared invalid due to double patenting, is the patent holder typically viewed as having done something illegal? is the patent holder typically subject to any punishment in addition to the loss of the patent?

i understand that there could be further information that would be suggestive of illegality, but i am asking about a scenario in which there is no such information>

thanks for your assistance,

4:47 PM  

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