In addition to the US drug regulator, Food and Drug Administration (FDA), and rival pharma majors that appear keen to launch litigation against Indian company Ranbaxy, a US citizen has joined the bandwagon by filing a case in the world's biggest drug market.

 

The petitioner — Bentley A Hollander — filed a case in a district court in Pennsylvania on February 23, complaining that Ranbaxy’s US arm — Ranbaxy Laboratories Inc — is marketing some products with false patent claims. Hollander wants Ranbaxy to be fined for “falsely marking articles with expired patents, as well as using these expired patents in advertising in connection with such articles, all for the purpose of deceiving the public into believing that such articles are covered by these expired patents”.

 

The complaint arises from Ranbaxy’s use of a patent (number 4,619,921) on the label of Ultravate, a skin care brand, which the company acquired from Bristol Myers Squibb along with 12 other dermatology products three years ago.

 

The petitioner argued that the patent rights over that product had expired about five years ago, much before the brand was acquired by Ranbaxy and the company had no right to continue its mention on the product labels.

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