WASHINGTON, Sept 12 (Reuters) - Generic drug companies candevelop generic versions of Lovaza, a fish-oil derived drug usedto treat high cholesterol, a U.S. appeals court ruled onThursday.
In April 2009, Pronova BioPharma Norge AS filed a patentinfringement lawsuit in Delaware against Teva PharmaceuticalsUSA Inc and Par Pharmaceutical Inc, toprevent them from bringing out a generic version of Lovaza.
The drug is marketed in the United States by GlaxoSmithKlinePlc. Glaxo's U.S. sales of the drug were $916 million in2011. German chemicals firm BASF bought Pronova thisyear.
A judge in Delaware agreed that Pronova's two patents forthe drug were valid and would be infringed by a generic product.
But the U.S. Court of Appeals for the Federal Circuitdisagreed with the lower court, ruling that one of that patentswas invalid. Since the other expired in March, the appeals courtreversed the lower court's decision.
However, the decision can be appealed to the U.S. SupremeCourt.
Glaxosmithkline (GSK)