Supernus sues TWi for infringement of Oxtellar XR patents

22 January 2015

US drugmaker Supernus Pharmaceuticals (Nasdaq: SUPN) says that it has sued generic drug makers Taiwan-based TWi Pharmaceuticals and TWi International for infringement of four patents covering its antiepileptic drug Oxtellar XR.

Supernus' US Patents Nos 7,722,898, 7,910,131, 8,617,600 and 8,821,930 cover once-a-day oxcarbazepine formulations and methods of treating seizures using those formulations. Patent protection for Oxtellar XR expires in 2027, according to Supernus.

The Complaint - filed on January 16, 2015 in the US District Court for the District of New Jersey - alleges that TWi infringed Supernus' Oxtellar XR patents by submitting to the Food and Drug Administration an Abbreviated New Drug Application seeking to market a generic version of Oxtellar XR prior to the expiration of Supernus' patents. Filing its Complaint within 45 days of receiving TWi's Paragraph IV certification notice entitles Supernus to an automatic stay preventing the FDA from approving TWi's ANDA for 30 months.

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