Case Filed: May 30, 2013
Case Closed: Aug 20, 2013
Court: Delaware District Court
Judge: Leonard P. Stark
Avanir Pharmaceuticals filed a patent infringement suit against Sandoz concerning its filing of abbreviated new drug application with the FDA with its intent to commercialize a generic version of Nuedexta®, which is used to treat pseudobulbar affect. The patents-in-suit were:
- RE38115 entitled ‘Dextromethorphan and an oxidase inhibitor for treating intractable conditions’ issued on May 06, 2003 and expiring* by Sep 22, 2014
- US8227484 entitled ‘Pharmaceutical compositions comprising dextromethorphan and quinidine for the treatment of neurological disorders’ issued on Jul 24, 2012 and expiring* by Jul 17, 2023
- US7656282 entitled ‘Batteryless tire inflation pressure detecting apparatus with improved power-saving configuration’ issued on Feb 02, 2010 and expiring* by May 15, 2026
The parties having agreed upon a settlement subsequently filed a stipulation of dismissal, pursuant to which the Court ordered all claims, defenses, and counterclaims dismissed without prejudice, thereby concluding this litigation with respect to Sandoz. The settlement agreement grants Sandoz the right to begin selling a generic version of Nuedexta on July 30, 2026, or earlier under certain circumstances. The settlement does not end Avanir's ongoing litigation against the other four ANDA filers (Par Pharmaceutical, Wockhardt, Impax Laboratories and Watson).
See 1:13-cv-00961 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.
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* Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents
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