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  Supernus Pharma與Actavis的專利侵權訴訟將獲得解決

資料來源:https://www.investopedia.com/news/supernus-pharma-tanks-settlement-two-patent-disputes-supn-teva/#ixzz4amG3Ob4s

Supernus Pharmaceuticals Inc. (SUPN) has announced it will settle an ongoing patent dispute with Actavis Laboratories, FL, Inc. et al. (collectively called "Actavis"), now a subsidiary company of Teva Pharmaceuticals Industries Ltd. (TEVA), regarding its epilepsy drug Trokendi XR (extended-release topiramate).

Patent Infringement Dispute and Settlement

The recent settlement involves the two companies getting into a binding term sheet which allows Actavis to start the sale of its Trokendi XR generic on January 1, 2023, or earlier under certain conditions. The agreed term sheet will be submitted to the concerned government and regulatory bodies.

The matter relates to a patent litigation between the two companies on Actavis' Abbreviated New Drug Application (ANDA) under which Actavis was seeking marketing approval to sell the generic versions of Supernus' Trokendi XR capsules.

The settlement comes on the back of a similar settlement announced by Supernus a day earlier, which allows Zydus Pharmaceuticals (USA) Inc. and its parent company Cadila Healthcare Limited (collectively called "Zydus") to begin selling a generic version of Trokendi XR by 2023.

In separate lawsuits, Supernus had sued Zydus Pharmaceuticals and Actavis in 2014 for alleged infringement of patents covering the Trokendi XR capsules.

Imminent Generics Competition

Supernus has a patent protection for Trokendi XR which expires no earlier than 2027. Launched in 2013, Trokendi XR is a prescription drug used for treating certain types of seizures including partial onset seizures and primary generalized tonic-clonic seizures in patients 10 years and older. Epilepsy, or seizure disorder, is a condition in which nerve cell activity in the brain gets disturbed and leads to abnormal behavior, symptoms and sensations, including occasional loss of consciousness.

Trokendi XR brought in $158.4 million, representing more than 75% of the total $210.1 million net product revenues generated by the Rockville, Maryland-based Supernus in 2016. While Supenus announced that it "intends to continue its vigorous enforcement of its patent rights for Trokendi XR", the loss of exclusivity on its key drug and the earlier-than-expected imminent generic competition tanked the stock price by 12%.

The price of Supernus dropped 12 percent from previous day’s close of $29.75 per share to $26.25 in after hours trading on Tuesday evening.

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