Supernus wins Oxtellar XR patent appeal against TWi

7 September 2018

The Federal Circuit on Thursday upheld a New Jersey federal judge’s decision finding that Supernus Pharmaceuticals (Nasdaq: SUPN) patents related to its anti-epilepsy drug are valid and infringed by generics maker TWi Pharmaceuticals, saying that the court did not improperly give a related case preclusive effect.

The US Court of Appeals for the Federal Circuit affirmed that TWi infringed three Oxtellar XR Orange Book patents (US Patent Nos 7,722,898; 7,910,131; and 8,821,930) and that all three Oxtellar XR Orange Book patents are valid.

This ruling follows a December 12, 2016 appellate decision affirming a decision by the same district court that Actavis also infringed Supernus’ Oxtellar XR patents, covering once-a-day oxcarbazepine formulations and methods of treating seizures using those formulations.

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