Friday, March 16, 2007

Caraco filed lawsuit for declaratory judgment against Forest

Caraco Pharmaceutical Laboratories has brought a lawsuit against Forest Laboratories and H. Lundbeck A/S for declaratory judgment of patent non-infringement regarding the U.S. 6,916,941 (the ‘941 patent) which claims crystalline particles of escitalopram oxalate. The lawsuit is result of Caraco’s submission of an abbreviated new drug application (ANDA) to the US FDA seeking marketing approval for generic Lexapro, generically known as escitalopram oxalate before expiry of Orange book listed patents. Earlier on July 10, 2006 Forest and Lundbeck collectively filed a patent infringement lawsuit against Caraco, following Caraco’s ANDA submission along with Para IV certification with respect to the U.S. RE 34, 712 (the ‘712 patent) and ‘941 patent, alleging that Caraco’s ANDA products will infringe the ‘712 patent. However, Forest do not sued Caraco for infringement of the ‘941 patent.

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