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Watson prevails in patent suit over Mucinex generic

A federal court has ruled that Watson Pharmaceuticals Inc.’s generic versions of cold/cough remedy Mucinex don’t infringe a patent held by Reckitt Benckiser.

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MORRISTOWN, N.J. — A federal court has ruled that Watson Pharmaceuticals Inc.’s generic versions of cold/cough remedy Mucinex don’t infringe a patent held by Reckitt Benckiser.

Watson said Wednesday that the United States District Court for the Southern District of Florida determined that the drug maker’s generic versions of Mucinex, Mucinex D and Mucinex DM (guaifenesin, dextromethorphan HBr/guaifenesin, and pseudoephedrine/guaifenesin) extended-release products, do not violate Reckitt Benckiser’s patent for the over-the-counter medicines.

With the decision, Watson said it will continue to seek final Food and Drug Administration approval of its generic products. The company’s Watson Laboratories Inc. subsidiary was sued in 2009 by Reckitt Benckiser for patent infringement related to the generic versions of Mucinex.

Mucinex products had total U.S. sales of about $500 million for the 12 months ended Dec. 31, according to data from IMS Health and SymphonyIRI Group cited by Watson.

The cold and cough medications are indicated to help loosen mucus and thin bronchial secretions to rid the bronchial passageways of bothersome phlegm and make coughs more productive.

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