Tuesday, March 27, 2007

Sepracor Inc. faces patent infringement dispute

Merck KGaA’s Dey unit has filed a patent infringement lawsuit against Sepracor Inc. in the U.S. District Court for the District of New York to prevent commercial launch of Brovana used for the treatment of chronic bronchitis and emphysema. Dey alleged that the Sepracor’s Brovana infringes its patent for a spray to open bronchial passage. Arformoterol tartrate, the active ingredient of Brovana is exemplified in the US 3,994,974 (the ‘974 patent). Brovana which got US FDA approval last year in October has currently four Orange Book listed patents covering formulations and method-of-use of arformoterol tartrate.

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