Bristol-Myers Squibb's BuSpar

Executive Summary

Patent infringement dispute with Danbury over the anxiolytic agent remanded to Manhattan federal court for full trial. On April 13, a D.C. federal appeals court overturned a June 30, 1993 lower court decision that granted a summary judgment in favor of Danbury ('The Pink Sheet" July 12, 1993, T&G-12). The lower court had ruled that BMS' U.S. patent No. 4,182,763 for buspirone was invalid due to anticipation by another earlier patent granted to the company, 3,976,776. The appellate court rejected the lower court's ruling that the '776 patent, which describes buspirone as having "tranquilizing effects," anticipated the '763 patent, which claims the use of buspirone as a treatment for neurotic anxiety. BMS filed suit against Danbury for patent infringement in September 1992 after the generic drug firm submitted an ANDA for buspirone. The '763 patent for buspirone expires Jan. 8, 1999