ABI Taxol litigation

Executive Summary

Third-party payors failed to prove that American Bioscience conspired with Bristol-Myers Squibb to delay generic competition to Taxol by improperly listing the '331 patent in the "Orange Book," Los Angeles state court rules June 24. Although plaintiffs' evidence "suggests that ABI may have engaged in certain tactics" to delay approval of generic paclitaxel, Judge Carl West maintains that Ivax' filing of a Paragraph IV certification to the late-listed patent that triggered a 45-day waiting period for ANDA approval "defeats any suggestion that the approval of the ANDA was delayed due to the conduct of ABI." In FTC's antitrust case against Bristol, the commission alleged Bristol and ABI conspired to improperly list the patent (1"The Pink Sheet" March 24, 2003, p. 20)...