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BMS, WATSON NAMED IN PRAVACHOL PATENT INFRINGEMENT COMPLAINT

January 11, 2007

The production, sale and distribution of Pravachol and generic pravastatin sodium by Bristol-Myers Squibb (BMS) and Watson Pharmaceuticals are being challenged in federal court. A recent lawsuit filed by Lek Pharmaceutical charges both companies with patent infringement violations.

Lek, a subsidiary of Norvatis' generic firm Sandoz, filed the complaint in the U.S. District Court for the Eastern District of Texas last week, asking the court to permanently enjoin BMS and Watson from selling the brand drug and its generic equivalent. Lek also asked for relief in the form of financial damages and reimbursement of its legal fees.

According to the complaint, Lek said the actions of BMS, which produces Pravachol tablets in 10-, 20-, 40- and 80-mg doses, and Watson, which produces generic pravastatin sodium tablets in 10-, 20-, and 40-mg doses, infringes on two of its patents covering its invention of the crystalline sodium salt of pravastatin.

"Unless enjoined by this court, Bristol-Myers' infringement of Lek's exclusive rights under [the patent] will continue to damage Lek, causing irreparable harm for which there is no adequate remedy at law," the complaint said.

Lek representatives could not be reached for comment. A BMS spokeswoman said BMS is aware of the lawsuit but does not comment on pending litigation.