Forest Laboratories has reported that the US District Court for the District of Delaware has set a new trial date for the patent challenge trial for its antidepressant Lexapro, delaying the hearing by six months, following allegations by Alphapharm.
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The US District Court has rescheduled opening arguments from May 9, 2005 to December 5, 2005 for the trial, related to patent litigation regarding the selective serotonin reuptake inhibitor (SSRI) antidepressant Lexapro (escitalopram oxalate).
Forest Laboratories Inc, Forest Laboratories Ireland Ltd and H Lundbeck A/S are plaintiffs, with co-defendants being Ivax Pharmaceuticals Inc/Cipla Ltd and Alphapharm Pty Ltd.
Lexapro is indicated for the initial and maintenance treatment of major depressive disorder and for generalized anxiety disorder in adults. In Europe it is marketed by H Lundbeck A/S, for depression, social anxiety disorder and panic disorder.
The reason for the delay is that defendant Alphapharm has alleged that H Lundbeck A/S destroyed relevant evidence. In response, the Court will appoint a special master to investigate the matter prior to opening arguments.
Forest stated that it remains confident in the strength of the Lexapro patent.