Eisai defends patent against generic companies

Eisai filed the infringement actions in November 2003 contesting Teva and Dr Reddy’s Laboratories’ submissions of abbreviated new drug applications to the FDA for the drug. In October 2006, Judge Gerard Lynch of the US District Court for the Southern District of New York granted partial summary judgment to Eisai, upholding the validity of the Aciphex composition of matter patent.

In this subsequent ruling, Judge Lynch has also determined that Eisai’s patent is enforceable. All issues in the case have been resolved, and final judgment will be entered in favor of Eisai.

“We are pleased with the Court’s decision and will continue to actively protect our intellectual property throughout the world to ensure continued production of the highest quality products for the benefit of patients and their families,” said Hajime Shimizu, chairman & CEO of Eisai.

Aciphex is classified as a proton pump inhibitor that effectively suppresses gastric acid secretion while inhibiting enzyme activity during the last phase of stomach acid secretion. Aciphex was launched in the US in 1999 and is currently marketed in more than 70 countries worldwide, including Japan, the UK and Germany.