This time, it's Teva -- trying to bring a generic version of Vytorin® to market. Once again, New Merck has, as of Tuesday, brought federal district court suit in New Jersey (the earlier ones were filed in Delaware), to halt that possibility -- for at least 30 months. Do go read it all, but Bloomberg has the Teva story, here.
Note that Mylan was sued for trying to do so in December of 2009, and Glenmark draws close to bringing a generic version of Zetia® (Vytorin's sister drug) to market, or at least, close to finishing its patent litigation with New Merck, on the patent dispute. [The automatic patent litigation 30 month stay on Zetia expired in October 2009.] Here's the Teva Bloomberg story, as reprinted in Boston.com (H/T Pharmalot):
. . . . Merck . . . is suing Teva Pharmaceutical Industries Ltd. to prevent it from selling a generic version of the cholesterol drug Vytorin in the United States until 2017. . .
In my estimation, the cumulative effect of these maneuvers -- the sheer number of potential generics awaiting US market entry -- will lead to the end of the economic incentives previously inherent in "pay for delay" deals. Branded pharma cannot afford to pay every kid on the generic block, to stay off the US market -- and still make profits on the branded version. One or two? Maybe -- but probably not four or six. There just isn't enough money to go around.
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