Abbott sues Mylan over plans to market generic Simcor copies

Abbott Laboratories sued Mylan Inc. in federal court in Delaware, alleging infringement of eight patents and seeking to block generic copies of the cholesterol drug Simcor.

Mylan, based in Canonsburg, Pennsylvania, is accused of infringing eight patents related to the simvastin/niacin extended-release compound. The lawsuit was triggered by a request Mylan sent to the U.S. Food and Drug Administration to make and sell a generic version before the patents expire.

Libertyville Township-based Abbott asked the court to find that Mylan infringed, and to order government agencies not to approve the production of the generic drug by Mylan until after all the relevant patents expire. The Abbott Park, Illinois-based company also seeks an order barring Mylan from manufacturing and selling the generic version during the life of the patents, or any additional periods of exclusivity to which Abbott is entitled.

Abbott requested that the court award it damages if Mylan makes, sells or imports a generic version of the drug before it is legally entitled.

The patent holder is represented by Mary B. Graham of Wilmington's Morris, Nichols, Arsht & Tunnell LLP, and William F. Lee, Vinita Ferrera and Hollie L. Baker of Boston's Wilmer Cutler Pickering Hale & Dorr LLP.

The case is Abbott Laboratories v. Mylan Inc., 1:10-cv- 00559-UNA, U.S. District Court, District of Delaware (Wilmington).