Par, Actavis Group Sued by Avanir Over Emotion-Control Medicine's Patents
By Phil Milford – Aug 11, 2011 9:46 AM ET
Par Pharmaceutical Cos. and units of Actavis Group HF were sued in federal court in Delaware by Avanir Pharmaceuticals Inc. (AVNR) for patent infringement related to plans to market generic versions of a drug used to control emotional outbursts.
Avanir contends its rivals are violating two patents for Nuedexta, a treatment for pseudobulbar affect, or uncontrolled laughing or crying in patients with neurological disorders, according to court papers filed yesterday in Wilmington.
Avanir, based in Aliso Viejo, California, “will be substantially and irreparably damaged and harmed” if the infringement by Par and Iceland’s Actavis isn’t stopped by a judge, the company said in two separate complaints.
Avanir officials said in a July 1 statement it “intends to vigorously enforce its intellectual property rights to Nuedexta.” The most recent of the patents expires in 2026, according to U.S. Food and Drug Administration records.
Allison Wey, a spokeswoman for Woodcliff Lake, New Jersey- based Par, didn’t immediately return a call seeking comment on the lawsuit.
“It is Actavis’s policy to not comment on pending patent litigation,” Actavis spokesman Gerard Farrell said in an e-mailed statement.
The cases are Avanir v. Par and Avanir v. Actavis, U.S. District Court, District of Delaware (Wilmington).
To see the patents, click RE38,115 and 7,659,282.
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