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Impax challenges patent on Abbott's Trilipix

Impax says it requested approval of generic cholesterol drug; Abbott Labs files patent suit

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On Monday March 15, 2010, 12:28 pm EDT

HAYWARD, Calif. (AP) -- Impax Laboratories Inc. said Monday it is challenging the patent on Abbott Laboratories' cholesterol drug Trilipix, and plans to bring its own version to market.

Impax is looking to sell a generic version of Trilipix in 54 milligram and 135 milligram capsules. Abbott and Fournier Laboratories Ireland responded by filing a patent infringement lawsuit against Impax. Because of the lawsuit, the Food and Drug Administration FDA will not approve Impax's drug until there is a federal court ruling on the patent's validity or the companies settle the litigation.

Trilipix is designed to raise "good" cholesterol while lowering "bad" cholesterol and triglycerides. The drug was approved in December 2008, and Abbott has U.S. market exclusivity until December 2011. Impax said Trilipix sales totaled $276 million in the U.S. over the 12 months ended Jan. 31.

In midday trading, Impax stock rose 38 cents, or 2.3 percent, to $16.87. Shares of Chicago-based Abbott lost 15 cents to $54.37.

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