Eisai affirms Aciphex patent in US Court

Japanese drugmaker Eisai says that the US Court of Appeals for the Federal Circuit has affirmed a US District Court for the Southern District of New York ruling on the validity and enforceability of its patent concerning Aciphex/Pariet (rabeprazole sodium) tablets.

Eisai filed the infringement action in November 2003 contesting the world's largest generic drugmaker, Israel's Teva Pharmaceuticals and Indian copy-drug firm Dr Reddy's Laboratories' submission of Abbreviated New Drug Applications to the Food and Drug Administration for Aciphex. In October 2006, Gerard Lynch of the New York Court granted partial summary judgment to Eisai, upholding the validity of the Aciphex composition-of-matter patent. In a subsequent ruling, Judge Lynch also determined that Eisai's patent is enforceable (Marketletter May 21, 2007).

"We are pleased with the Court of Appeals' decision to uphold the District Court's favorable ruling to prevent the sale of Teva's and Dr Reddy's generic products before the expiration of the rabeprazole sodium composition of matter patent," said Hajime Shimizu, chief executive of the company. "Eisai will continue to actively protect its intellectual property throughout the world," he added.