Teva Pharmaceutical Industries Ltd. has launched a generic version of Protonix, a heartburn pill owned by Wyeth in the U.S. market.
So what’s new? Well, in this instance, Teva has taken a calculated risk and launched their generic drug some 2½ years before the U.S. patent is set to expire in July 2010.
Teva won FDA approval for their generic version of Protonix, called pantoprazole and Wyeth failed to win a preliminary injunction against the launch of the drug from a federal judge, but has appealed that decision.
Sales of the drug have brought in approx. 2 billion dollars to Wyeth in 2007. Not surprisingly, the patentee has announced that it will file a patent-infringement claim against the Israeli generic-drug maker, seeking lost profits and other damages. Should a court eventually rule in Wyeth’s favour, Teva may have to pay triple damages.
