On February 16, Janssen pharmaceuticals, a wholly-owned subsidiary of American pharmaceutical giant Johnson & Johnson, filed a patent infringement lawsuit against Indian pharmaceutical company Intas pharmaceuticals and its subsidiary accord healthcare.

The lawsuit is against invega sustenna, a schizophrenia drug of Janssen Pharmaceutical. Three months ago, Yang Sengang successfully resisted the application for generic drugs of the same drug proposed by Teva, an Israeli pharmaceutical company.

In his petition to the District Court of New Jersey, Janssen claimed that accord's simplified new drug application (anda) for its investga sustenna generic infringed the pharmaceutical giant's only patent still valid on the drug. The patent (Patent No.: 9439906) will expire in 2031.

Invega sustenna is an intramuscular injection long-acting atypical antipsychotic drug developed by Janssen. Invega sustenna is its trade name, and its drug name is palmeridone palmitate. The drug has annual sales of more than $1.5 billion in the United States. It is used to treat adult schizophrenia and schizoaffective disorder. It can also be used as an emotional stabilizer or an adjuvant to antidepressants. The latest version of the drug, invega hafyera, is the first long-acting injectable schizophrenic drug to be injected only once every six months. According to the company's fourth quarter results, invega kits sold more than $4 billion worldwide last year.

On January 10, accord sent a letter to Janssen, saying that it had submitted a simplified new drug application to produce a generic drug of invega sustenna, and that its patent 9439906 was invalid or unenforceable. Janssen disagreed, saying the move would infringe the patent and the company would suffer "irreparable harm". It asked the court to maintain its patent and prohibit the manufacture or sale of generic drugs before its expiration date.

Last November, Janssen won the court. The court rejected the generic drug application of the Israeli pharmaceutical company TIWA.

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