Patent protecting Mission Pharmacal's dual-iron formulated supplement upheld

SAN ANTONIO — Mission Pharmacal Co. on Tuesday announced that the U.S. District Court for the Western District of Texas has issued a consent judgment confirming the validity of its dual-iron patent (U.S. Pat. No. 6,521,247) at the conclusion of the lawsuit filed against Virtus Pharmaceuticals.  

 

“Mission Pharmacal stands behind our patent covering our Ferr-Ease dual-iron delivery system in our popular CitraNatal family of prenatal vitamins,” said Lee Cusenbary, general counsel, Mission Pharmacal. “The consent judgment supports our continued belief in the validity of the patent in all respects.” 

 

This consent judgment preserves the exclusive high-quality prenatal vitamin formulation used in the CitraNatal supplements. The patent protects CitraNatal’s use of a specific combination of iron that combats iron deficiency anemia before, during 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,” said Nancy Price, senior product manager, CitraNatal, Mission Pharmacal. “We have designed the complete CitraNatal line of science-based, quality-focused supplements with a woman’s nutritional support and convenience in mind.” 

 

Mission Pharmacal has successfully asserted its dual-iron patent before. In 2013, PureTek Corporation consented to a judgment that recognized the validity of the ‘247 patent and classified its generic prenatal vitamins as infringing. In 2010, two other sources of generic substitutes for patented CitraNatal supplements withdrew from the market once faced with a patent infringement lawsuit. 

 

“We will continue to protect the ‘247 patent with equal vigor against any infringing products,” Cusenbary said.

 

The patented formulation is incorporated in CitraNatal Harmony, CitraNatal Assure, CitraNatal 90 DHA, CitraNatal DHA, CitraNatal B-Calm and CitraNatal basic, as well as Mission’s Ferralet 90  prescription iron supplement. Mission Pharmacal retains exclusive use of the protected formulation featured in the CitraNatal and Ferralet 90 products until 2020.