San Antonio-based Mission Pharmacal has announced that a Texas federal court issued a consenting judgment supporting the company’s dual-iron patent regarding its most prescribed prenatal vitamins, the Natalvirt CA supplement and Natalvirt 90 DHA supplement. Mission Pharmacal took legal action against Virtus Pharmaceuticals LLC last March, accusing the Florida-based company of copying the compounds of their products.
The Texas company recently said that the U.S. District Court for the Western District of Texas upheld the validity of the two patents. Mission Pharmacal accused Virtus of being aware of U.S. Patent No. 6,521,247 and deliberately copying the ingredients from Mission’s CitraNatal Assure for its Natalvirt CA supplement and Mission’s CitraNatal 90 DHA for its Natalvirt 90 DHA supplement.
“Mission Pharmacal stands behind our patent covering our Ferr-Ease dual-iron delivery system in our popular CitraNatal family of prenatal vitamins,” said the general counsel for Mission, Lee Cusenbary. “The consent judgment supports our continued belief in the validity of the ‘247 patent in all respects.”
The patent in question is designed to protect the use of CitraNatal regarding a therapeutic combination of iron for the treatment of iron deficiency anemia in pregnant women, as well as in women before and after pregnancy. “The patented dual-iron formulation used in Mission’s CitraNatal supplements helps pregnant women get the iron they need, yet it is gentle on the gastrointestinal system,” stated the senior product manager for CitraNatal, Nancy Price.
Mission Pharmacal has challenged other companies in court in order to protect its dual-iron patent, as this is not the first time that their patent had to be defended in court. Another case, this time against PureTek Corporation, received judgment consent from the court, validating its ‘247 patent and classifying the generic prenatal vitamins as infringing, which occurred last year.
In addition, in 2010, two other attempts to make generic substitutes from CitraNatal supplements were also categorized as infringement of the patent law. “We will continue to protect the ‘247 patent with equal vigor against any infringing products,” added Cusenbary.
Mission Pharmacal has been dedicated to improving lives by offering innovative products for women’s health, urology, pediatrics, and dermatology. The company has recently established a sales agreement with DARA BioSciences, to promote their products in the oncological market, as well as generate mutual sales force and improve the companies’ capacities and effectiveness to reach the market.