RPT-UPDATE 2-Wyeth injunction on Protonix denied
(Repeats without change to headline or text) (Adds Wyeth confirmation, statement)
WASHINGTON, Sept 6 (Reuters) - A U.S. court has denied a motion by drugmakers Wyeth WYE.N and Altana aimed at stopping Teva Pharmaceutical (TEVA.O) from selling a generic version of Wyeth's ulcer drug Protonix, the companies said on Thursday.
Shares of Wyeth fell about 2.8 percent in after-market trade after news of the ruling, which investors have been awaiting. Protonix makes up an estimated 10 to 12 percent of Wyeth's earnings,
According to both Teva and Wyeth, the U.S. District Court for the District of New Jersey denied the motion for a preliminary injunction by Wyeth and Altana in their bid to stop Teva from launching generic versions of Protonix, which Teva said reaps annual sales of $2.5 billion.
The decision could pave the way for Teva to launch generic copies of the drug. It has said it would not launch before Sept. 7. The Israel-based firm said it is contemplating its next move.
Madison, New Jersey-based Wyeth said the matter will now proceed to trial. It said it still believed its Protonix patent is valid and enforceable and it will continue to pursue the litigation.
The motion filed by Wyeth and business partner Altana, which was recently acquired by Nycomed, also aimed to stop Sun Pharmaceuticals (SUN.BO) from launching generics.
Teva is enmeshed in patent litigation with Wyeth over the drug, known generically as pantoprazole. A trial date has not been set. (Reporting by Kim Dixon)
