Supernus sues Zydus for infringement of Trokendi XR patents

25 November 2014

US drugmaker Supernus Pharmaceuticals (Nasdaq: SUPN) has sued generic drug makers Zydus Pharmaceuticals (USA) and Indian parent Cadila Healthcare for infringement of three patents covering its antiepileptic drug Trokendi (topiramate) XR.

Supernus' US Patents Nos 8,298,576, 8,298,580 and 8,663,683 cover once-a-day topiramate formulations and methods of treating seizures using those formulations. Patent protection for Trokendi XR does not expire until 2029, according to Supernus. The company’s shares gained 2.1% to $9.07 in morning trading.

The Complaint - filed in the US District Court for the District of New Jersey - alleges that Zydus infringed Supernus' Trokendi XR patents by submitting to the Food and Drug Administration an Abbreviated New Drug Application seeking to market a generic version of the drug prior to the expiration of Supernus' patents. Filing its Complaint within 45 days of receiving Zydus' Paragraph IV certification notice entitles Supernus to an automatic stay preventing the FDA from approving Zydus' ANDA for 30 months. Supernus president and chief executive Jack Khattar confirmed that "Supernus intends to vigorously enforce its patent rights."

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