Abbott sues Sandoz over muscle relaxant Nimbex

Abbott Laboratories, a diversified healthcare-product maker, accused Sandoz Inc. of infringing a patent for the muscle-relaxant Nimbex by seeking approval to market a generic copy of the drug in the U.S.

Abbott is asking a judge to stop Princeton, New Jersey-based Sandoz, a unit of Switzerland's Novartis AG, from selling its version of Nimbex until the 1995 patent expires in 2012, according to papers made public today in federal court in Wilmington, Delaware.

"Sandoz is liable for inducing the infringement" and Libertyville Township-based Abbott "has no adequate remedy at law to redress Sandoz's infringement," according to the complaint.

Abbott, which reported $29.5 billion in sales last year, sells Nimbus as an intravenous adjunct to anesthesia to relax a patient's muscles during surgery or with use of a tracheal breathing tube, according to court papers.

A Novartis spokeswoman who asked that her name not be used said the company doesn't comment on newly filed litigation.

Abbott filed a similar lawsuit today in federal court in Trenton, New Jersey.

Shares of Abbott rose 58 cents to $53.92 in New York Stock Exchange composite trading at 4:15 p.m. Basel, Switzerland-based Novartis, with $41.4 billion in 2008 sales, fell 25 centimes to 56.25 francs.

The case is Abbott Laboratories v. Sandoz Inc., 09CV972, U.S. District Court, District of Delaware (Wilmington).

To see the patent, click: 5,453,510.