Federal Judge Dismisses Schering-Plough’s Argument To Extend Patent for Claritin

A federal judge in New Jersey on Aug. 8 dismissed Schering-Plough Corp.'s legal defense of a patent on the allergy treatment Claritin, a decision that may allow generic versions of the medication to reach the market by Dec. 19, the Wall Street Journal reports. The patent on Claritin had expired on June 19, but Schering-Plough received a six-month extension after the company tested the treatment in children. In the case, Schering-Plough argued that the patent on Claritin should extend until 2004 as a result of a related patent on Clarinex, a new version of Claritin. Patients who take Claritin metabolize the active ingredient of the treatment into the active ingredient of Clarinex, which has patent protection until 2004. Schering-Plough attorneys argued that "anyone swallowing a generic version of Claritin would create Clarinex in their body without the company's permission," the Journal reports. In addition, they said that drug companies that market generic versions of Claritin would "induce patients into undertaking this infringement," a violation of patent law. However, U.S. District Court Judge John Bissell dismissed the arguments and granted a motion for summary judgment filed by generic drug makers. Schering-Plough officials had hoped that the case would move to trial, which would have delayed the introduction of a generic version Claritin for at least one year, the Journal reports. The delay could have led to billions of dollars in additional revenue for Schering-Plough and provided the company with more time to switch Claritin patients to Clarinex (Wall Street Journal, 8/9). Schering-Plough officials said that they would appeal the decision (Reuters/New York Times, 8/9).