WASHINGTON--The U.S. Supreme Court on Monday refused to consider
a generic drug maker's challenge to Otsuka Pharmaceutical Co.'s
U.S. patent for the blockbuster antipsychotic drug Abilify.
Two lower courts ruled the patent was valid, rejecting
challenges by would-be generic competitors, including Apotex
Inc.
Apotex sought to renew its legal arguments at the Supreme Court,
but in a short written order, the justices declined to review the
case.
Abilify is used to treat schizophrenia and other disorders.
Otsuka said in a court brief that Abilify generates annual sales
exceeding $5 billion, making it the fourth largest-selling drug in
the U.S.
The drug maker's patent expires in 2015.
Bristol-Myers Squibb Co. (BMY) co-markets Abilify with Otsuka in
certain countries and shares in its revenue and expenses. Bristol
recently eliminated nearly 500 sales and medical jobs because
Otsuka is taking over the U.S. promotional responsibilities for the
drug.
Write to Brent Kendall at brent.kendall@dowjones.com
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