Abbott partner Astellas rejected by top court on Omnicef patent

The U.S. Supreme Court let stand a ruling permitting the sale of generic versions of Abbott Laboratories' Omnicef antibiotic, in a victory for Teva Pharmaceutical Industries Ltd. and Novartis AG's Sandoz unit.

The nation's highest court today rejected an appeal by Astellas Pharma Inc., Abbott's Tokyo-based partner. Generic-drug makers Teva, Sandoz and Lupin Ltd. all urged the justices not to hear the case, while Abbott, based in Libertyville Township, didn't participate in the appeal.

Omnicef, also known by the generic name cefdinir, is used to treat ear, sinus, throat and skin infections. The medicine generated $637 million in U.S. sales in 2006, before any generic versions hit the market. By 2008, U.S. sales dropped to $25 million, according to Abbott, which is based outside Chicago.

A federal appeals court in Washington allowed generic sales in May, upholding two trial court decisions.

The case is Astellas v. Lupin, 09-335.