The district court has ruled in favor of Watson in a case related Fentora buccal tablet product.
This ruling is confined to first set of patents
Cephalon sued Watson, Barr and Sandoz for patent infringement of 6200604 & 6974590 for filing ANDA and PIV certification.
Cephalon’s statement “We remain confident in the strength of our claims with respect to the third patent. In the interim, we are reviewing the court’s opinion with respect to the first two patents and are evaluating our options, including an appeal.”
The Third patent is 6,264,981
Updated on 16/03
Cephalon Sues Government to Block Sales of Generic Painkiller Fentora (Bloomberg)
The drugmaker sued the U.S. government today in federal court in Washington seeking to revoke the Food and Drug Administration’s approval of the generic, made by Watson Pharmaceuticals Inc. (WPI), saying the product contains “a novel salt form” never approved by the agency.
Cephalon announced that today the United States District Court in Delaware upheld the validity of Cephalon’s U.S. Patent Number US 6,264,981 (Expiry Oct 2019) patent and found that Watson Pharmaceuticals, Inc.’s proposed generic version of FENTORA(R) (fentanyl buccal tablet) infringes that patent.