Pharmaceutical Business review

Par pain generic gets FDA OK

Kali has been awarded 180 days of marketing exclusivity for being the first to file an abbreviated new drug application (ANDA) containing a paragraph IV certification for the product.

Ortho-McNeil Pharmaceutical, a Johnson and Johnson company, currently markets 37.5mg tramadol HCl/325mg acetaminophen tablets under the brand name Ultracet. The product is indicated for the short-term (five days or less) management of acute pain and has annual US sales of approximately $350 million.

Kali is currently involved in litigation with Ortho-McNeil, which has alleged that Kali’s product infringes a US patent. Kali has alleged that its product does not infringe this patent and that the patent is invalid and unenforceable.

Kali filed for a summary judgment of invalidity and non-infringement before the US District Court in New Jersey. These motions were filed in August 2004 and the parties are awaiting a decision by the Court.