IntelGenx Corp. today announced that the United States
District Court of Delaware has dismissed the lawsuit against IntelGenx that was
initiated by Biovail Laboratories International SLR in August 2009.
The dismissal of the litigation follows IntelGenx’ previous
announcement on January 4th, 2011 that the court had ruled in favor of
IntelGenx regarding claim construction for the two patent terms at issue in the
patent infringement action brought forward by Biovail under the Drug Price
Competition and Patent Term Restoration Act (“Hatch-Waxman Act”). The
ruling arose from a special proceeding required under U.S. patent law
called a “Markman Hearing” where both sides presented to the court
their arguments on how they believed the patent terms at issue should be
interpreted. Subsequent to the ruling on the Markman Hearing, Biovail agreed to
dismissal of the action.
“The litigation was a major obstacle in our partnership
discussions for CPI-300, so we are delighted to have this legal process behind
us,” commented Horst Zerbe, President and CEO of IntelGenx. “We are
in the final steps of accumulating the data necessary to address FDA’s questions
from the Complete Response Letter and submit our response to the Agency in the
coming months.”
