After nearly four years of litigation and a three-week bench trial in August, Bristol-Myers and its partner Otsuka Pharmaceutical Co. finally convinced a federal judge in New Jersey to block Apotex, Novartis, Sun, and Teva from selling generic versions of the antipsychotic Abilify, which generated nearly $2 billion in sales in the first nine months of 2010.
Otsuka, which developed Abilify and markets the drug in partnership with Bristol-Myers, sued the generics for patent infringement in early 2007, after they or their predecessor companies filed applications with the U.S. Food & Drug Administration to sell generic versions of Abilify in the U.S. The generics challenged the underlying patent for the drug, claiming that it was obvious, indistinct from another Otsuka patent, and unenforceable because Otsuka failed to disclose information on its development to the Patent and Trademark Office.
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