Watson Pharmaceuticals, Inc. has confirmed that the United
States Court of Appeals for the Federal Circuit has affirmed the United States District
Court for the Southern District of Florida’s February 2011 decision that
Watson’s generic versions of Mucinex(R) (Guaifenesin), Mucinex(R) D
(Pseudoephedrine/Guaifenesin), and Mucinex(R) DM (Dextromethorphan HBr/ Guaifenesin)
Extended-Release products do not infringe U.S. Patent No. 6,372,252.
The company said it is continuing to seek final FDA approval
of the products.
In 2009, Reckitt Benckiser Inc. sued Watson Laboratories,
Inc. – Florida
for patent infringement related to Watson’s filing of three Abbreviated New
Drug Applications for generic versions of Reckitt’s Mucinex(R) line of
products. The Mucinex(R) products had total U.S. sales of approximately $500
million for the twelve months ending December 31, 2010, according to IRI and
are indicated to help loosen phlegm (mucus) and thin bronchial secretions to
rid the bronchial passageways of bothersome mucus and make coughs more