Horizon is suing Apotex to dam early launch of Pennsaid 2% Copy

May 16, 2022 10:09 p.m

Horizon Therapeutics Plc filed a lawsuit alleging that Apotex Inc.’s copy of Pennsaid 2% infringes a patent for topical osteoarthritis treatment because Apotex “has begun or is about to sell” it to sell, although a Teva unit is regulatory exclusive for 180 days its generic version.

The Federal Circuit upheld the patent’s validity in October 2019, dismissing Teva’s Actavis arguments that it did not cover a new idea. The patent, which expires in October 2027, covers a gel formulation containing diclofenac sodium used for the topical treatment of pain, such as that associated with osteoarthritis. …

Christopher Yasiejko

correspondent

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