Abbott sues Teva over Simcor patents

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Mon Jan 25, 2010 10:27am EST

* Abbott asks court to block generic rival to Simcor

* Follows recent Abbott-Teva deal over TriCor treatment

WILMINGTON, Del. Jan 25 (Reuters) - Abbott Laboratories (ABT.N) asked a federal court to block Teva Pharmaceutical Industries Ltd (TEVA.TA) (TEVA.O) from making a generic version of Abbott's Simcor cholesterol treatment, according to court documents.

Abbott said its patents were violated when Israel-based Teva filed an application with the U.S. Food and Drug Administration seeking approval to market a generic version of Simcor, according to the lawsuit filed on Friday in Delaware District Court.

Simcor is a tablet that combines Abbott's Niaspan -- a drug that raises good cholesterol -- with a generic drug called simvastatin that lowers bad cholesterol.

Teva declined to comment.

Abbott Park, Illinois-based Abbott settled a patent lawsuit in November with Teva, which had been planning a generic version of TriCor. Teva agreed not to sell a generic version of the blockbuster triglycerides drug until 2011.

Earlier this month, Abbott agreed to pay $22.5 million to settle a multistate lawsuit that accused the company of conspiring to block generic forms of TriCor by, among other things, filing baseless patent-infringement lawsuits against generic drugmakers.

Abbott said at the time it believed its actions cited in the lawsuit were lawful.

Shares of Abbott were up 0.5 percent at $54.77 in early trade. Teva's Nasdaq-listed shares were up 0.6 percent at $57.06.

The case is Abbott Laboratories and Abbott Respiratory LLC v Teva Pharmaceutical Industries Ltd and Teva Pharmaceuticals USA Inc, U.S. District Court, District of Delaware, No. 10-00057. (Additional reporting by Ransdell Pierson in New York) (Reporting by Tom Hals, editing by Dave Zimmerman)

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