Abbott sues Lupin to block generic TriLipix

Abbott Laboratories, the maker of the arthritis medicine Humira, sued Lupin Ltd. to prevent the generic-drug maker from selling a copy of the cholesterol drug TriLipix in the U.S. until January 2025.

Lupin, based in Mumbai, is seeking U.S. Food and Drug Administration approval to sell a copy of the delay-release capsules in the 135-milligram and 45-milligram dosages.

Abbott and its Fournier Laboratories contend the copy would infringe a patent on the medicine. They sued Lupin on March 26 in federal court in Newark, New Jersey. In dispute is patent 7,259,186, which was issued in August 2007.

TriLipix, which reduces cholesterol and fatty acids called triglycerides in the blood, had about $276 million in sales for the 12 months ended in January, according to Impax Laboratories Inc., another generic-drug maker seeking to sell a copy. The drug, whose chemical name is choline fenofibrate, is a delayed- release version of Abbott's TriCor medicine.

Abbott, based in Libertyville Township, is relying on TriLipix to generate revenue as TriCor faces generic-drug competition. Teva Pharmaceutical Industries Ltd., the world's biggest generic-drug maker, may begin sales as early as March 2011 under a lawsuit settlement with Abbott. TriCor generated $1.3 billion in sales last year for Abbott.

The case is Abbott Laboratories v. Lupin Ltd., 10cv1578, U.S. District Court, District of New Jersey.