In a battle of Pharma giant like Sepracor and Wyeth on patent priority date dispute w.r.t O-desmethylvenlafaxine (ODMV) succinate, Sepracor announced (in a press release Here) that the Board of Patent Appeals and Interferences (BPAI) of the USPTO has combined three patent interferences into a single interference and set a date for oral arguments. The interference seeks to determine the priority of inventorship of claims directed to racemic O-desmethylvenlafaxine (ODMV) succinate. Wyeth markets racemic ODMV succinate in the U.S. under the brand name PRISTIQ® for the treatment of major depressive disorder in adults.
The interference is between Wyeth's following Orange Book listed patents:
US6673838 (Assignee: Wyeth, Date of grant: January 6, 2004): Which covers O-desmethyl venlafaxine succinate as product. The said patent also covers polymorphs, pharmaceutical compositions, dosage forms, and methods of use with the same.
US7291347 (Assignee: Wyeth, Date of grant: November 6, 2007): Which covers oral dosage form comprising O-desmethyl venlafaxine succinate, wherein the oral dosage form is a tablet and capsule.
Sepracor claims that they discovered the drug first and filed an application for a patent in April 1999, almost two years before Wyeth made its first filing in February 2001.
The earliest application filing date asserted by Sepracor (April 6, 1999) is approximately 22 months earlier than the earliest application filing date asserted by Wyeth for its patents (February 12, 2001).
Sepracor claims that they discovered the drug first and filed an application for a patent in April 1999, almost two years before Wyeth made its first filing in February 2001.
BPAI of the U.S. Patent and Trademark Office plans to hear arguments from the two companies on January 6, 2010.
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