challenging the patentNovel Laboratories is challenging the patent on the company's bowel cleansing drug Moviprep.
The drug is licensed to Salix by Netherlands-based Norgine B.V., which is privately held.
The company said privately held Novel asked the Food and Drug Administration to approve a generic version of the drug, alleging that the current patent is invalid and unenforceable. Salix said the patent is set to expire in 2024.
Salix now has 45 days to file a patent infringement lawsuit against Novel to bar the FDA from approving a generic version of Moviprep for up to 30 months or until court decision.