Eisai wins generic Aciphex case

Japanese drugmaker Eisai and its US subsidiary say that the US District Court for the Southern District of New York has ruled in their favor with respect to a patent infringement lawsuit against Israeli generics giant Teva and India's Dr Reddy's Laboratories concerning the anti-ulcer drug Aciphex (rabeprazole sodium), which is sold as Pariet in Japan.

Eisai filed infringement actions in November 2003 contesting Teva and Dr Reddy's submissions of Abbreviated New Drug Applications to the US Food and Drug Administration for generic Aciphex. In October 2006, Judge Gerard Lynch granted partial summary judgment to Eisai, upholding the validity of its composition-of-matter-patent.

In this subsequent ruling, Judge Lynch has also determined that Eisai's patent on the proton pump inhibitor is enforceable. All issues in the case have been resolved, and final judgment will be entered in favor of Eisai.