The three plaintiffs that are claiming patent infringement and false advertising are: Breckenridge Pharmaceutical, Inc. of Florida, Metabolite Laboratories, Inc. of Colorado and Pamlab, LLC of Louisiana.
Metabolite was formed under the University of Colorado’s guidelines by two hematology professors at the UC School of Medicine, Dr. Robert H. Allen and Dr. Sally P Stabler. Their careers were devoted to the study of Vitamin B12, Vitamin B6 and folate. Their clinical work has long been at the forefront of research examining the relationship between those vitamins and homocysteine. Their work has been widely published and has been awarded a number of United States patents.
Pamlab, LLC, licensed Metabolite’s patents and in 1999 launched a product containing vitamin B12, vitamin B6 and folic acid. Pamlab markets products to licensed physicians as a medical food intended for the specific dietary management of individuals under a physician’s treatment for hyperhomocystenemia, with particular emphasis on individuals with or at risk for atherosclerotic vascular disease in the coronary, peripheral, or cerebral vessels, or individuals with vitamin B12 deficiency.
In 2007, Breckenridge entered into a patent sublicense with Pamlab under several Metabolite patents, to begin exclusive marketing of a licensed generic version of Pamlab’s product. Breckenridge’s product is now distributed and dispensed at retail pharmacies nationwide.
In addition to patent infringement, the plaintiffs allege that Macoven has failed to substantiate its claims that its folic acid product is a suitable substitute for Pamlab’s and/or Breckenridge’s products and that Macoven is in violation of the Lanham Act which prohibits false or misleading advertising.
Plaintiffs have asked for an unspecified amount of damages, including treble damages from Macoven; an injunction preventing Macoven from selling or distributing its infringing product; and for attorney’s fees.
Macoven Pharmaceuticals is a fully owned subsidiary of Pernix Therapeutics Holdings, INC based in Texas and listed on the NYSE Amex (PTX).
RFC Case Number:
P-P11-9022M
Court Case Number:
1:11-cv-09022-TPG-JCF
Contact:
Breckenridge Pharmaceutical, Inc. (FL)
Legal Counsel – Gene Kim
646-448-1302 / ekim@bpirx.com
or
Pamlab, LLC Legal Counsel (LA)
Legal Counsel - Keith Daigle
985-893-4097 / kdaigle@pamlab.com
