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UPDATE 1-Wyeth files to block Teva, Sun forms of Protonix

Mon Jun 25, 2007 11:53am EDT

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NEW YORK, June 25 (Reuters) - Wyeth WYE.N said on Monday it asked a New Jersey federal court to stop Teva Pharmaceutical Industries Ltd. (TEVA.TA) and Sun Pharmaceutical Industries Ltd. (SUN.BO) from launching generic forms of its Protonix ulcer drug.

Wyeth said it filed the application on June 22 with the U.S. District Court for the District of New Jersey, asking the court seeking a preliminary injunction preventing launch of the generics until a planned court patent battle between it and the two smaller drugmakers is concluded.

Wyeth said its actions against both companies had been consolidated into a single proceeding before the federal court, but no trial date has been set. Although the U.S. patent on the widely used ulcer drug does not lapse until July 2010, Wyeth said the U.S. Food and Drug Administration could grant final approval to Teva's product by August 2 and to Sun's copycat form of Protonix by Sept. 8. Should Teva and Sun launch their products before Protonix' patent expires but later lose their court fight with Wyeth, they could be forced to pay Wyeth penalties and compensation for its lost Protonix sales.

Teva, the world's largest generic drugmaker, is based in Israel. Sun is based in India.

Protonix had global 2006 revenue of $1.8 billion, helped by a sales price that is lower than rival medicines for ulcers and heartburn. Cowen and Co. has predicted its revenue will rise to $2.1 billion in 2010, but plunge to about $400 million in 2011, after the U.S. patent lapses.

Wyeth believes its allegation that the Teva and Sun generics infringe the patent on Protonix will be proven in court, but noted that sales of Protonix would be "significantly" hurt if the generics were introduced.

Shares of Wyeth were up 61 cents, or 1.1 percent, to $56.50 in late-morning trade on the New York Stock Exchange, in line with moderate gains for the drug sector.

Teva was up 57 cents, or 1.4 percent, to $41.05 on the Nasdaq. Sun fell 2.1 percent in Mumbai.

((Reporting by Ransdell Pierson; Reuters Messaging: ransdell.pierson.reuters.com@reuters.net; 646-223-6034; ransdell.pierson@reuters.com) Keywords: WYETH PROTONIX/GENERICS

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