Pfizer Receives Injunction to Block Sales of Generic Accupril; Teva, Ranbaxy Will Appeal
Pfizer won a preliminary victory in its fight to retain patent protection on its blood pressure medication Accupril when a federal district court issued a preliminary injunction blocking generic firms Teva Pharmaceutical and Ranbaxy Pharmaceuticals from selling a generic version of the drug.
Pfizer filed a lawsuit against the companies in January, alleging that the generic version of Accupril (quinapril HCl), developed by Ranbaxy and marketed by Teva, infringed its U.S. patent on the drug. The U.S. District Court for the District of New Jersey agreed with Pfizer's claim and issued a preliminary injunction that prevents further sales of Ranbaxy's quinapril tablets while Pfizer seeks a permanent injunction.
Teva and Ranbaxy plan to seek an expedited appeal in federal court. "While Teva and [Ranbaxy] will comply with the preliminary injunction, they also will immediately file with the U.S. Court of Appeals for the Federal Circuit an appeal to have the injunction lifted and a motion to expedite the appeal," Ranbaxy Vice President Jay Deshmukh said in a statement. "Ranbaxy is confident that it will, on appeal, be able to make a compelling argument in support of its noninfringement position."
The appeals process could take anywhere from six to 12 months depending on whether the court grants the expedited appeal, a Teva spokesman said. Teva said it does not expect the decision to affect the company's financial guidance released Feb. 15.