WASHINGTON (CN) - The Federal Circuit upheld the validity of a patent on Forest Laboratories' antidepressant Lexapro and affirmed an injunction stopping sale of generic forms of the drug.
Ivax Pharmaceuticals and Cipla Inc. filed an abbreviated new drug application to gain approval to sell tablets containing 5, 10 or 20 milligrams of escitalopram oxalate, an active ingredient in Lexapro. The circuit upheld the district court's injunction, but narrowed it to cover escitalopram oxalate only. "The injunction may properly extend to the 'approved drug,' (but) it should not extend to the remainder of the products covered by the patent," Judge Lourie wrote. Judge Schall dissented in part, saying the injunction should not apply to Cipla. See ruling.