Biovail says that a US district judge has ruled in its favour in two anti-trust cases, which claised the Canadian company had improperly delayed the market entry of a generic version of its Tiazac (diltiazem) hypertension and angina treatment.
The complaints were launched in 2001 and 2003, and alleged that Biovail had improperly listed a patent for Tiazac with the US Food and Drug Administration. The suits also claimed that the delay in entry of a copycat product into the market caused them to pay a premium to purchase Biovail’s brand-name product. Biovail argued that the reason why the firm wishing to market generic Tiazac had not introduced its product on a timely basis was due to its inability to obtain final FDA approval, rather than through any action or omission on the part of Biovail.
The court agreed with Biovail’s position that “the plaintiffs had been unable to prove that they had suffered any damages for which Biovail could be responsible.”