Mylan Inc. accused of patent infringement

New York-Alcon Research Ltd. has accused Mylan Inc. of seeking government approval for a drug that would infringe three of its patents for a glaucoma treatment.

According to Alcon’s suit, filed in Delaware federal court July 26, Mylan has attempted to get the FDA to sign off on its abbreviated new drug application for eye drops containing the active ingredient travoprost-a product Alcon claimed is almost identical to its glaucoma treatment Travatan Z, a product launched in 2006 which aims to reduce the pressure caused by ocular fluids inside the eyes -before the patents, which are less than 1 year old, had expired.

In the suit, Alcon also accused Mylan of frequently attempting to copy others’ intellectual property by filing ANDA’s in which the generic-drug maker certified that patents were invalid or would not be infringed by its proposed pharmaceuticals.

According to the suit, “litigating patents covering FDA-approved branded drug products is a central feature of Mylan Inc. and Mylan Pharmaceuticals’ business model.”

The suit is asking the court to impose an injunction barring Mylan from making or selling its glaucoma drug until the latest of Alcon’s patents expire and any additional exclusivity periods expire.

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