Supernus Pharmaceuticals, Inc. announced that, pursuant to a confidential partial settlement agreement, it has dismissed two patent infringement actions pending in the U.S. District Court for the District of New Jersey against Actavis Inc. and its subsidiaries.
The dismissed actions concerned two of Supernus’ Orange Book patents covering Oxtellar XR®—U.S. Patent Nos. 8,821,930 and 9,119,791. The parties also agreed to dismiss Actavis’ pending appeal (and Supernus’ corresponding cross-appeal) of a February 2016 district court ruling that a third Oxtellar XR patent—U.S. Patent No. 8,617,600—is valid, but not infringed by Actavis’ proposed generic version of Oxtellar XR. The February 2016 district court decision additionally found that Actavis infringed two other Oxtellar XR Orange Book patents (U.S. Patent Nos. 7,722,898 and 7,910,131), and enjoined Actavis from launching a generic version of Oxtellar XR until at least April 13, 2027. Actavis’ appeal of that ruling will proceed as scheduled.
“This partial settlement of our pending patent infringement dispute with Actavis will eliminate substantial litigation costs and allow us to focus on defending our recent Oxtellar XR trial victory,” stated Jack Khattar, President and Chief Executive Officer of Supernus Pharmaceuticals, Inc. “We remain confident that the Court of Appeals for the Federal Circuit will affirm the New Jersey district court’s ruling that our core Oxtellar XR patents are valid and infringed by Actavis’ proposed ANDA products. We will continue to vigorously defend the patents protecting our Oxtellar XR franchise.”