US appeals court upholds delay in Alzheimer's drug swap

AP News
Posted: May 22, 2015 1:55 PM

ALBANY, N.Y. (AP) — A federal appeals court has rejected a drug manufacturer's appeal and affirmed a judge's order that Actavis PLC keep distributing its widely used Alzheimer's medication until after its patent expires this summer.

New York Attorney General Eric Schneiderman had sought the order and called the Court of Appeals ruling a victory for consumers.

His office says the drug Namenda should remain on shelves 30 days after the patent expires July 11.

He alleged anti-trust and state law violations by Actavis in an effort to push patients to its new patented drug and avoid losses from cheaper generics.

Dublin-based Actavis says its new drug Namenda XR is better and demand is growing. It's taken once daily, not twice daily.

The company did not immediately reply to a request for comment Friday.