NEW YORK — Generic drug maker Mylan is suing Warner Chilcott and an Australian company, alleging that they illegally tried to protect one of their drugs from generic competition, according to published reports.
Reuters reported that Mylan filed a suit against Warner Chilcott and Mayne Pharma Group over the antibiotic and acne drug Doryx (doxycycline), saying they made minor and insignificant changes to the drug so that approval of generic versions would be delayed.
Warner Chilcott markets and sells Doryx in the United States under a license agreement with Mayne, and the drug's patent expires in 2022. Warner Chilcott has sought to protect Doryx from generic competition since March 2009, when it unsuccessfully petitioned the FDA for a delay in generic approvals. Mayne filed suit against Mylan in the U.S. District Court for the District of New Jersey in May 2009, but the court determined earlier this year that Mylan's generic version of Doryx did not infringe the drug's patent, and Mylan launched the drug in May 2012.