Supreme Court Rejects Generic Challenge to Otsuka's Abilify Patent

WASHINGTON--The U.S. Supreme Court on Monday refused to consider a generic drug maker's challenge to Otsuka Pharmaceutical Co.'s U.S. patent for the blockbuster antipsychotic drug Abilify.

Two lower courts ruled the patent was valid, rejecting challenges by would-be generic competitors, including Apotex Inc.

Apotex sought to renew its legal arguments at the Supreme Court, but in a short written order, the justices declined to review the case.

Abilify is used to treat schizophrenia and other disorders. Otsuka said in a court brief that Abilify generates annual sales exceeding $5 billion, making it the fourth largest-selling drug in the U.S.

The drug maker's patent expires in 2015.

Bristol-Myers Squibb Co. (BMY) co-markets Abilify with Otsuka in certain countries and shares in its revenue and expenses. Bristol recently eliminated nearly 500 sales and medical jobs because Otsuka is taking over the U.S. promotional responsibilities for the drug.

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