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UPDATE 1-Depomed sues India's Lupin for patent infringement
* Suit alleges infringement of diabetes drug patents
* Opposes Lupin's application to market generic version
Nov 30 (Reuters) - Drug developer Depomed Inc (DEPO.O) said it filed a lawsuit in a U.S. federal court against India's Lupin Ltd (LUPN.BO) alleging that Lupin's application to market a generic version of Depomed's diabetes drug Glumetza infringed its patents.
The lawsuit, filed in the U.S. District Court for the Northern District of California, is in response to a marketing application filed by Lupin with the U.S. Food and Drug Administration for copycat versions of Glumetza, Depomed said in a statement.
Glumetza, approved for the treatment of type 2 diabetes in adults, is available in 500 mg and 1,000 mg tablets.
Depomed said it commenced the lawsuit within the 45 days required to automatically stay, or bar, the regulators from approving Lupin's application for 30 months or until a court decision that is adverse to the patents.
When contacted, a Lupin spokesman declined to comment.
Depomed shares were trading almost flat at $3.22 in morning trade Monday on Nasdaq, while Lupin shares closed up 1 percent at 1374.45 rupees on the Bombay Stock Exchange. (Reporting by Esha Dey in Bangalore; Editing by Gopakumar Warrier) ((email@example.com; within U.S. +1 646 223 8780; outside U.S. +91 80 4135 5800; Reuters Messaging: firstname.lastname@example.org))
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