Teva has filed a lawsuit in the US District Court for the District of Delaware against Perrigo and Catalent after Perrigo filed an ANDA for a generic version of Teva’s ProAir HFA albuterol sulfate MDI. The suit alleges infringement of US patents 7,566,445 (Medicinal aerosols and methods of delivery thereof) and 7,105,152 (Suspension aerosol formulations). The ‘445 patent expires in 2017; the ‘152 patent expires in 2023.
According to court documents, Perrigo notified Teva in a letter dated July 24, 2012 that it had filed ANDA #203760 with the FDA. Teva states that it believes that Catalent co-developed and intends to manufacture the MDI, with Perrigo marketing the product.
Read the complaint filed by Teva.
