Judge OKs Generic for Bristol-Myers’ BuSpar

Mylan Laboratories Inc. said a federal judge ruled that the generic-drug maker doesn’t infringe rival Bristol-Myers Squibb Co.’s patent for the anti-anxiety drug, BuSpar.

U.S. District Judge John Koeltl also denied Bristol-Myers’ motion to dismiss Mylan’s antitrust claims, the company said.

Twenty-nine state attorneys, Mylan and Watson Pharmaceuticals Inc. sued Bristol-Myers, accusing the largest cancer drug maker of thwarting competition by using a compound related to BuSpar to delay generic competition.

In turn, Bristol-Myers sued Mylan and Watson for patent infringement.

Officials at New York-based Bristol-Myers, which had $709 million in BuSpar sales in 2002, could not be reached for comment after hours.