No patent pending problems for Elan
Elan Corporation has received a letter from the U.S. Federal Trade Commission (FTC) informing it that the FTC has discontinued its investigations into Elan' s patent for Skelaxin.
Elan Corporation has received a letter from the U.S. Federal Trade Commission (FTC) informing it that the FTC has discontinued its investigations into Elan' s patent for Skelaxin.
The FTC says it has discontinued its investigations about that portion of its investigation concerning whether Elan wrongfully listed its patent for Skelaxin (metaxalone) in the FDA's Orange Book.
The company said that the letter further states that the FTC is 'no longer investigating any Elan activities relating to Skelaxin that would lead us to recommend that the [FTC] commence a law enforcement action for the removal of the [Skelaxin] patent from the Orange Book.' Elan continues to work closely with the FTC regarding matters unrelated to the Orange Book listing of the Skelaxin patent.
G. Kelly Martin, Elan's president and ceo, said: 'We believe that the FTC's letter further confirms our previously stated position that all conditions to King Pharmaceuticals' agreement to close its purchase of Elan's primary care franchise have at all times been, and continue to be, satisfied.'
On March 14, Elan announced that the FTC had commenced a non-public investigation to determine whether Elan or any other person had engaged in unfair methods of competition with respect to Skelaxin. On March 17, Elan commenced an action against King Pharmaceuticals alleging that King breached its agreement to purchase Elan's primary care franchise (principally consisting of Elan's U.S. and Puerto Rican rights to Sonata (zaleplon) and Skelaxin). A trial date has been set for May 15.