Merck Files Patent Infringement Suit Against Accord Healthcare Over Generic Januvia

In a move to fend off a generic competitor, Merck hit Accord Healthcare with a patent infringement suit in a Delaware federal court over Accord’s generic version of its blockbuster diabetes drug Januvia (sitagliptin phosphate).

The drugmaker alleged that Accord’s planned version of Januvia for treatment of type 2 diabetes infringes on a patent that the company holds on treating type 2 diabetes with a dipeptidyl peptidase-IV inhibitor.

The suit in the U.S. District Court for Delaware alleges that Accord notified Merck on Nov. 13 of its ANDA for generic sitagliptin phosphate despite the existence of the patent.

Merck asked the court to rule that Accord’s generic infringes on the patent and to order that FDA not approve the planned product until after the patent’s expiration in 2026.