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J&J sues Watson over drug patent

October 22, 2008|Times Wire Reports

Johnson & Johnson filed suit against Watson Pharmaceuticals Inc., alleging infringement of its Ortho Tri-Cyclen LO birth-control pill.

Corona-based Watson submitted an application with the Food and Drug Administration for a pill that would violate the patent, J&J said in a lawsuit filed Thursday in federal court in Newark, N.J.

The application seeks to rule J&J's patent is either invalid, unenforceable or won't be infringed, J&J said.

J&J's Ortho-McNeil had sued Barr Pharmaceuticals Inc. in 2003 to prevent sales of a generic version of the same drug until a patent expired in 2019. The January 2008 trial was postponed as the parties negotiated a settlement.

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