Supernus settlement with Actavis on patent litigation

UPDATE 1 – Supernus Pharmaceuticals, Inc said on March 7 it entered a binding term sheet with Actavis involving ongoing patent litigation over Actavis’ abbreviated new drug application (ANDA) seeking approval to market generic versions of Supernus’ Trokendi XR capsules for seizures.

Supernus said the binding term sheet permits Actavis to begin selling a generic version of Trokendi XR on January 1, 2023, or earlier under certain circumstances.

“Supernus intends to continue its vigorous enforcement of its patent rights for Trokendi XR,” said the company.

“Patent protection for Trokendi XR expires no earlier than 2027.”

Supernus said it is represented by attorneys from Haug Partners LLP and its corporate counsel Saul Ewing LLP.

Actavis is now a subsidiary of Teva Pharmaceuticals Industries.

On March 6, Supernus said it entered a settlement agreement with Zydus Pharmaceutical (USA) Inc. and Cadila Healthcare Limited (collectively Zydus) involving the ongoing patent litigation regarding Zydus’ ANDA seeking approval to market generic versions of Trokendi XR capsules.

“The settlement agreement permits Zydus to begin selling a generic version of Trokendi XR on January 1, 2023, or earlier under certain circumstances,” said Supernus.