ZYDUS CADILA DRAGS TEVA TO COURT FOR ANTI-TRUST VIOLATIONS

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ZYDUS Cadila has taken Teva Pharmaceuticals, the world’s largest generic drug manufacturer, to court in the US seeking damages for Teva’s antitrust violations and unfair trade practices regarding the drug risperidone. The $2.5 billion-drug is used for treating schizophrenia.

In a recent filing with the Virginia district court, Zydus through its US subsidiary Zydus Pharmaceuticals, presented a lawsuit against Teva on grounds that Teva's patent was in violation of unfair trade practices and that Zydus was under no legal obligation to provide its classified documents to Teva for approval before manufacturing risperidone API (active pharmaceutical ingredient) and the finished dosage forms. “Teva's acts and omissions as set forth herein constitute deceptive and unconscionable commercial practices and unlawful practices in derogation of the Virginia Antitrust Act,” said Zydus’ lawsuit. Zydus also charged Teva’s representatives with undertaking activities to interfere with Zydus' business interests regarding sales of its risperidone API and finished dosage forms. Efforts to contact Zydus proved futile. An email query sent to Teva also elicited no response. The US' Sherman Act of 1890 forbids any contract or combination which restraints trade or any monopoly or attempts to monopolise. Zydus has alleged that Teva's assertion about possible patent violations is false as such a patent violates the antitrust laws.

Teva had gained exclusivity over Risperdal (branded by Johnson & Johnson) in June 2008. Zydus Cadila received US FDA approval to market multiple strengths of generic risperidone on Oct19, 2008. According to the petition filed on Oct 14 by Zydus, Teva through a letter dated Sept15, 2008, demanded that Zydus should refrain from marketing any risperidone products until Teva could complete an analysis of Zydus' ANDA and review the processes by which such products would be made.

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