Court: Watson's generic OTC decongestant does not infringe on branded versions

MORRISTOWN, N.J. — Over-the-counter generic versions of a line of products used to treat congestion do not infringe on the patents covering the branded versions, a federal court ruled Wednesday.

Watson Pharmaceuticals said the U.S. District Court for the Southern District of Florida ruled that its versions of Reckitt Benckiser’s Mucinex (guaifenesin), Mucinex D (guaifenesin and dextromethorphan-hydrobromide) and Mucinex DM (guaifenesin and pseudoephedrine) do not infringe U.S. Patent No. 6,372,252. Watson still is seeking Food and Drug Administration approval for its version.

Mucinex is used to loosen phlegm and clear the bronchial passageways. The product line had sales of about $500 million in 2010, according to IMS Health and SymphonyIRI.