Friday, September 25, 2009

Zetia® Patent Challenge -- Final Pretrial Arguments On November 24, 2009


This patent infringement case involves Glenmark Pharmaceuticals' efforts to bring a generic version of Zetia® to market in the United States. It seeks to do so by avoiding, or invalidating altogether, Schering-Plough's so-called ‘721 patent, a patent for the hydroxylsubstituted azetidinones compound ezetimibe, marketed and sold commercially as the cholesterol-management drug Zetia®.

I have previsouly set up the background on this case, and some of the other in-substance patent cliffs faced by Schering-Plough, here.

It now looks likely that this trial could begin, even before year-end:

. . . .Oral argument on the parties’ informal submissions regarding the Final Pretrial Order shall be heard on November 24, 2009 at 2:00 P.M. before the undersigned in Courtroom 2D of the Martin Luther King, Jr. Courthouse.

SO ORDERED.

/s/ Esther Salas

Esther Salas, U.S.M.J. . . .

Stay-tuned, as Zetia made close to a billion in sales revenue last year, all by itself, for Schering-Plough.

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