Abbott and the Wisconsin Alumni Research Foundation (WARF) are hit by Anchen with a Zemplar® Patent Suit

Abbott Laboratories and the Wisconsin Alumni Research Foundation (WARF) have slapped Anchen Pharmaceuticals Inc. with a patent infringement suit over the generic-drug maker's efforts to introduce its own version of kidney disease drug Zemplar®. The suit comes after Anchen filed an abbreviated new drug application (ANDA) with the U.S. Food and Drug Administration seeking approval to market a generic version of Zemplar® in 1 mcg, 2 mcg and 4 mcg capsules before the patent-in-suit, issued to WARF in 1996 and titled “19-nor-Vitamin D compounds”, expires in December 2013. Abbott and WARF are seeking judgments that the patent-in-suit is valid and enforceable and that Anchen will infringe the patent by offering to sell a generic version of Zemplar® before the patent expires. Abbott and WARF are represented by Finnegan.