Cephalon sues generic companies over patents

Biotechnology company Cephalon Inc., of Frazer, said today it is suing several generic drug developers over patent claims to its extended-release muscle-relaxant Amrix.

Cephalon and Dutch partner Eurand Inc. filed the lawsuit in U.S. District Court in Delaware against Mylan Inc. and Barr Pharmaceuticals Inc. after those companies asked the Food and Drug Administration for approval of generic versions of Amrix.

Canonsburg, Pa.-based Mylan and Barr claim their versions of the drug would not infringe on the Amrix patents.

Cephalon claims otherwise and that patents on the drug don't expire until February of 2025. The lawsuit filing delays any FDA decision until either a judgment on the case is made, or 30 months from the October 2008 filing of the generic drug applications.

Barr is being bought by Israel-based Teva Pharmaceutical Industries Ltd.