New Merck Sues Sandoz -- To Block Generic Version Of Cancidas®, In U.S.

On March 30, 2010, New Merck filed a patent infringement complaint (PDF file), in the federal District Courts of New Jersey, after Sandoz sent it a letter notifying Whitehouse Station that Sandoz would begin selling injectable caspofungin acetate -- a generic form of the 50 mg/vial and 70 mg/vial anti-fungal Cancidas^® as soon as FDA cleared the generic candidate's application. This action will inevitably delay the availability of a lower cost alternative in the United States.

I'll keep an eye on this one (as it is about $600 million a year in worldwide revenues to Merck), but it will be 2012 before a generic form reaches the U.S. market, in all likelihood, now. [Separately, back in December 2009, FDA expressed concerns about liver problems in children given the injectable antifungal. New warning labels were proposed.]