By Cliff Peale
The Cincinnati Enquirer
A Pittsburgh drug maker has sued Procter & Gamble Co. and one of its partners for the exclusive right to market a generic version of P&G's Macrobid anti-infective drug.
Mylan Laboratories Inc. claims in the lawsuit that it applied first for the certification with the U.S. Food and Drug Administration and should have a 180-day exclusive period. It also charges that P&G's "authorized generic" agreement with Watson Pharmaceuticals Inc. misleads consumers.
Macrobid is used to treat urinary tract infections. It posted sales of about $158 million last year. This is the first generic competition for Macrobid.
P&G called the lawsuit "without merit."
"We believe this agreement will result in more consumer choices and is, therefore, in consumers' best interests," a spokesman said. "We intend to proceed with this arrangement."
Both Mylan and Watson issued news releases Wednesday saying they would start selling generic versions of Macrobid - Mylan through FDA approval and Watson through a supply agreement with P&G. P&G will make the product for Watson and receive a share of profits.
Mylan's target is broader than just P&G, seeking to overturn the practice of brand companies authorizing generics.
"Consumers and third-party payors who are not aware of this practice and buy the branded product at the branded price are paying more than they should," Mylan CEO Robert Coury said in a statement.
E-mail cpeale@enquirer.com
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