Sunday, January 11, 2009

Clarinex®/Descloratadine Patent Litigation Heats Up -- Accelerated Scheduling Order Entered


Recall that just last month, Schering was pushing the notion that it was good news four defendants had "caved" -- and settled -- in the Clarinex® patent litigation. I wandered by to point out that there were still many more defendants "out there", some of which might be looking to launch a generic version of the Clarinex® Redi-TabTM.

Now we learn that at least eight of those defendants are marching, double-quick, toward a trial on the merits -- no slow-roll (toward settlement), here. [Click to enlarge the image, at right, of excerpts from the latest order.]

Also, remember that Sandoz has filed a motion to have one of Schering's central Clarinex patents summarily-declared invalid -- that motion has been pending before federal District Court Judge Toni Bongiovanni since August of 2008.

So -- will there be an at-risk generic launch in 2009? [The branded franchise drug is still worth over $750 million a year in sales to Schering.] My best-guess candidate to do so would be Orchid Pharmaceuticals (or, Defendant Number 4, at right), out of India. We'll have to wait and see.

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