May 27, 2011
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InSite, Merck, Pfizer to file patent infringement suit over generic version of AzaSite

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ALAMEDA, Calif. — InSite Vision will join Merck and Pfizer in filing a patent infringement lawsuit against a company seeking to market a generic version of AzaSite, InSite announced in a press release.

Sandoz filed an abbreviated new drug application with the U.S. Food and Drug Administration to market a generic version of AzaSite (azithromycin 1% ophthalmic solution) before the patents expire. InSite owns four U.S. patents regarding AzaSite, as well an exclusive license to a Pfizer-owned azithromycin patent, the release said.

AzaSite is currently marketed in the U.S. by Inspire, a wholly owned subsidiary of Merck. Inspire should have exclusive use of these patents in the U.S. until March 2019 under a license agreement between InSite and Inspire.

Merck will lead the lawsuit, but each company will be responsible for its own legal costs, the release said.