Suit Alleges Johnson & Johnson Blocked Generic Competition for Medication
Johnson & Johnson's McNeil PPC Inc. unit "misuse[d]" patents to block generic competition for its over-the-counter anti-diarrhea medicine Imodium Advanced, according to a lawsuit filed July 1 by consumer advocates, Bloomberg News/Los Angeles Times reports (Bloomberg News/Los Angeles Times, 7/10). Prescription Access Litigation, a Boston-based consortium of 84 advocacy groups, on July 9 announced that two of its members filed the suit, which alleges McNeil used "false claims to secure secondary patents and its monopoly" on the drug (Pope,
AP/WorcesterTelegram & Gazette, 7/10). A federal judge last month invalidated McNeil's patents, which allowed "store-brand" over-the-counter drug maker Perrigo Co., to offer a competing version of the treatment (Bloomberg News/Los Angeles Times, 7/10). In the last month's ruling, U.S. District Court Judge Berle Schiller said the McNeil's patents were based on improvements to the drug that "were incorporated into the medicine solely as legal sleight of hand to prevent generic companies from competing" (AP/Worcester Telegram & Gazette, 7/10). Perrigo would have started selling a generic version of Imodium Advanced in October 2000, but McNeil filed a patent-infringement suit, effectively delaying market entry of the generic version (Bloomberg News/Los Angeles Times, 7/10). Thomas Sobol, a PAL attorney, said that the new lawsuit is seeking compensation for the "harm caused by McNeil's unlawful delaying tactics" and damages on behalf of consumers who purchased the drug (AP/Worcester Telegram & Gazette, 7/10). McNeil spokesperson Mark Gutsche said the suit is "baseless," adding, "We obtained the patents in good faith and took no actions that interfered with Perrigo's right to market their product." McNeil officials say the company plans to appeal the judge's patent ruling (Bloomberg News/Los Angeles Times, 7/10).
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