Patent Law

The following appeared yesterday, October 22, 2008, at Business Week:

Mylan Inc. said Wednesday it has been accused of patent infringement by Novartis AG over Mylan's generic version of the Swiss company's Lescol capsules for treating high cholesterol.

Pittsburgh-based Mylan said Novartis filed a lawsuit earlier this month in U.S. District Court in New Jersey accusing Mylan and its subsidiary, Mylan Pharmaceuticals Inc., of violating a patent. Mylan's generic version of Lescol is called Fluvastatin.

Mylan said it believes it was the first company to file for U.S. approval to make a generic version of Lescol.

According to the StreetInsider, "[t]he company filed an ANDA with the U.S. Food and Drug Administration (FDA) in June. Novartis filed a lawsuit Oct. 10 in the U.S. District Court for the District of New Jersey alleging infringement of U.S. Patent No. 5,354,772."