Shire gets positive ruling on Vyvanse patents from US district court

Ireland-headquartered drugmaker Shire (LSE: SHP), which is defending itself from a $46 billion unsolicited bid from the USA’ AbbVie, says that Judge Stanley Chesler of the US District Court for the District of New Jersey granted Shire’s summary judgment motion in a patent infringement law suit, holding that certain claims of the patents protecting attention-deficit hyperactivity disorder (ADHD) drug Vyvanse (lisdexamfetamine dimesylate) were both infringed and valid.

The ruling prevents the five pharmaceutical manufacturers (the ANDA- Defendants) who have filed Abbreviated New Drug Applications from launching generic versions of Vyvanse until the earlier of either a successful appeal to the US Court of Appeals for the Federal Circuit, or the expiration of these patents in 2023. To appeal successfully, the ANDA-Defendants must overturn the Court’s rulings for each of the 18 patent claims.  Shire’s shares edged 1.3% higher to £44.61 in early trading this morning.

Commenting on the judgment, Mick Cooper, an analyst at Edison Investment Research, said: “This judgment may have been expected but it strengthens Shire’s hand and clears the way for a better discussion on the true value of Shire with Abbvie, or other suitors, expected to make fresh approaches.”