Brigham and Women's patent means heartburn for Michigan drug maker

A federal judge today ordered Perrigo, Inc., of Dublin, to pay Brigham and Women's Hospital $10.2 million for violating a patent the hospital held for the particular formulation of Pepcid Complete.

A jury in US District Court in Boston agreed in December with the hospital that the company knew its generic competitor to Pepcid Complete violated the patent for the anti-heartburn tablet developed by the hospital's Dr. Michael Wolfe, and that the company should pay back royalties for violating the patent, which has since expired.

In a ruling today, US District Court Judge Rya Zobel upheld the monetary amount suggested by the jury, but rejected the hospital's request for attorney's fees, saying its lawyers filed their request for Perrigo to pick up their bill too late.