Friday, October 3, 2008

Watson says it received generic Oxytrol challenge

Drugmaker Watson Pharmaceuticals Inc. said Wednesday the patent on its overactive bladder patch Oxytrol is being challenged.

Watson said it has received a paragraph IV certification letter, which means a rival has asked the Food and Drug Administration to approve a generic version of the drug. In such challenges, filers state that the patents protecting a branded drug are invalid, unenforceable, or that a generic version won't infringe on those patents.

Now that it has received the letter, Watson has 45 days to file a patent lawsuit against the company that submitted the application. Starting a lawsuit would automatically prevent the FDA from approving the generic for the next 30 months, or until a district court rules on the validity of the patent, whichever happens first.

The company did not say if it is preparing to file such a lawsuit.

The product is formally called the oxybutynin transdermal system. Watson is also developing an oxybutynin gel. The company said early in 2008 that it has completed late-stage testing of the product.

In aftermarket trading, Watson shares rose 13 cents to $29.10. The stock finished at $28.97.

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