Biovail receives court’s favor in Tiazac action

The complaints, launched in 2001 and 2003, alleged that Biovail’s listing with the FDA of a patent for Tiazac (diltiazem) improperly delayed the entry of a competing generic product. Plaintiffs further alleged that the delay in entry of a generic product into the market caused them to pay a premium to purchase Biovail’s brand-name product.

Biovail contended that the reason why the owner of generic Tiazac had not marketed its product on a timely basis was due to its inability to obtain final FDA approval, rather than through any action or omission on the part of Biovail.

In granting Biovail’s motions for summary judgment, the court agreed with Biovail’s position that, in light of the evidence and facts pleaded, the plaintiffs had been unable to prove that they had suffered any damages for which Biovail could be responsible.

Tiazac belongs to a classification of drugs known as calcium channel blockers, currently indicated for the treatment of hypertension and angina. Tiazac works by slowing the heart rate, and by relaxing and widening blood vessels, which reduces blood pressure. Widening of the coronary arteries also increases the amount of blood reaching the heart, which can reduce the symptoms of angina.