Martin said two generic firms have challenged the patent, but declined to name them.
The trial goes to the heart of the escalating controversy over how much patent protection pricey brand-name drugs should get.
Compared to the past few years, there will simply not be as many big-selling brand-name medicines losing patent protection, which means generic drugmakers cannot simply jumpstart growth by acquiring another generic drugmaker.
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According to the 2010 RBC Capital Markets study, when trial victories, settlements between drugmakers and dropped cases are combined, generic companies were able to bring their product to market before the brand-name drug's patent expired in 76 percent of the 371 drug patent suits decided from 2000 through 2009.
Ethiopia wanted U.S. patents on the names of its three best coffee regions, Yirgacheffe, Harrar and Sidamo, while Starbucks sought to patent a coffee with Sidamo in the name.
Once the patent expires, 80% of the brand name sales can vanish within a year as generic competitors reach the market.
In particular, Pfizer is dealing with pressure to come up with more successful new drugs as its big name cholesterol drug Lipitor loses its patent protection in 2011.
Such lawsuits are strengthened if the brand-name drug company files a new patent covering, say, the colour of the pill bottle just before the main patent is about to expire.
Pfizer ( PFE - news - people ) is dealing with pressure to come up with more successful new drugs as its big name cholesterol drug Lipitor loses its patent protection in 2011.
Simply put, a brand-name drugmaker agrees to pay a settlement to a generic rival in exchange for ending patent litigation and launching a copycat medicine at a future date.
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The Graedons noted that while the active ingredient of the drug goes off patent, the pharmaceutical chemistry behind the extended delivery system may still be the intellectual property of the brand-name manufacturer.
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