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 Actavis had already filed a U.S. marketing
application for the generic version of the diet pill, according to a
notice sent by the generic drugmaker on May 7, Vivus said.
Qsymia, one of the first obesity drugs to receive U.S. approval
after 13 years, has disappointed investors with poor physician
adoption and low sales.
Vivus has at least seven patents in the United States on Qsymia, the
earliest of which expires in June 2020.
However, Actavis said in the notice that the patents were either
invalid, unenforceable, or would not be infringed by its generic
drug.
Vivus said it was reviewing the notice and that it had 45 days to
file a patent infringement suit against Actavis.
 If it filed a suit, the U.S. Food and Drug Administration would stay
approval of the generic by up to 30 months, the company said.
Qsymia, which was once touted as a potential blockbuster to combat
the rising epidemic of obesity in the United States, had net sales
of $23.7 million in 2013.
That was well below the $128 million analysts were expecting,
according to Thomson Reuters data from February 2013.
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Vivus said this week that Qsymia's net sales more than doubled to
$9.1 million in the first quarter ended March 31, but fewer
prescriptions were dispensed in the quarter compared with the fourth
quarter.
While Qsymia is Vivus's most high-profile drug, the company also
has Stendra, an erectile dysfunction treatment, on the market.
Vivus said it intended to enforce its intellectual property rights
on Qsymia.
Vivus shares closed at $5.38, while those of Actavis closed at
$197.05 on Thursday.
(Reporting by Esha Dey and Vrinda Manocha in Bangalore; Editing by
Savio D'Souza)
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