Sandoz appeals US court decision on AzaSite patent

6 November 2013

US ophthalmic care specialist InSite Vision (OTC BB: INSV) says that Sandoz Inc, the US generics unit of Swiss drug major Novartis (NOVN: VX), has filed an appeal of the court judgment that recently upheld the patents protecting AzaSite (azithromycin 1% ophthalmic solution). The appeal was filed in the US Court of Appeals for the Federal Circuit.

On October 7, 2013, InSite Vision announced that the US District Court for the District of New Jersey had upheld all four of the patents protecting AzaSite in a patent infringement lawsuit against Sandoz Inc. In 2011, Sandoz filed an Abbreviated New Drug Application with the US Food and Drug Administration seeking to market a generic version of AzaSite before expiration of the patents covering AzaSite and its use. AzaSite is available in the US through Inspire Pharmaceuticals, a subsidiary of US pharma giant Merck & Co (NYSE: MRK).

InSite owns the US patents covering AzaSite and its use, and an exclusive license to a Pfizer-owned azithromycin patent.

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