Abbott Labs sues to block generic drug

Abbott Laboratories, the maker of glucose monitors and heart stents to prop open clogged arteries, sued India's Lupin Ltd. to prevent it from selling a copy of the cholesterol medicine Niaspan in the U.S.

Lupin is seeking U.S. Food and Drug Administration approval to sell a generic version of the medicine. Abbott contends the copy would infringe seven patents due to expire from 2013 to 2017. It is seeking a court order that prevents the FDA from approving Lupin's application until all the patents expire.

Niaspan generated $786 million in sales last year, Abbott Laboratories, based in Libertyville Twp., said Jan. 21. Abbott gained Niaspan with the $3.8 billion purchase of Kos Pharmaceuticals Inc. in 2006.

Mumbai-based Lupin, the world's biggest maker of tuberculosis medicines, is counting on increased demand for generic medicines in the U.S. and Japan to give it a 37 percent increase in profit and sales this year.

Abbott filed mirror complaints on March 6 against Lupin in Baltimore and Wilmington, Delaware. A judge will decide where the case will be heard.

Under federal drug law, the FDA can't grant approval to Lupin for 30 months from the day the complaints were filed, unless a court rules in the generic-drug company's favor before then.

Abbott rose 33 cents to $46.98 in New York Stock Exchange composite trading. The stock has fallen 12 percent this year.

The cases are Abbott Laboratories v. Lupin Ltd., 09cv564, U.S. District Court, District of Maryland (Baltimore), and Abbott Laboratories v. Lupin Ltd. 09cv152, U.S. District Court, District of Delaware (Wilmington).