Aurobindo pharma gets sued for patent infringement

Hyderabad: The Aurobindo pharma, which had recently been receiving accolades in the form of USFDA nods for its drug patents has suddenly received a jolt. It is reported that Apicore US LLC and Mylan Institutional LLC have sued Aurobindo and its subsidiaries , Aurobindo Pharma USA Inc and Auromedics Pharma LLC, for infringement of patents at the US Court, Eastern District of Texas.

According to ET, the plea was filed on May 11, 2016, in a case related to 'infringement of patent' of Isosulfan Blue. The petition alleges that the infringement has occurred in the case of Patent ‘992 and ‘616 .

Apicore and Mylan in their plea to the court state that Aurobindo through its affiliates and subsidiaries "has made and/or imported" Isosulfan blue product into the US. "Defendants (Aurobindo) have directly or through affiliates and subsidiaries, offered to sell and/or sold defendants' (Aurobindo) Isosulfan Blue product to Mylan's customers at a price significantly below Mylan's contract price with those customers," Apicore and Mylan have contended.

The company claims that they would be "irreparably damaged and harmed" if Aurobindo's infringement of patents is not enjoined by the court. The USFDA had given its final approval to Aurobindo Pharma for the Isosulfan injection’s manufacture & marketing in the US, this February. Isosulfan Blue injection, which is part of the cardio vascular therapeutic group, is used in a lymphography procedure.

Isosulfan Blue injection has an estimated market size of $57 million for the 12 months ended December 2015.