Cumberland Pharmaceuticals Sues Perrigo and InnoPharma

Cumberland Pharmaceuticals (CPIX), the maker of prescription drugs for emergency medicine, accused generic-drug makers Perrigo Co. (PRGO) and InnoPharma Inc. of infringing a patent for Acetadote, used to treat acetaminophen overdoses.

Cumberland, based in Nashville, contends Allegan, Michigan-based Perrigo and InnoPharma of Piscataway, New Jersey, are planning to introduce copies of the drug before the patent-protection expires in 2026.

“Such conduct will constitute infringement” and create “a reasonable apprehension of irreparable harm” to Cumberland, its lawyers said in two complaints filed yesterday in Delaware federal court in Wilmington.

Acetadote is used in hospital emergency rooms to limit liver damage from life-threatening overuse of the pain reliever acetaminophen -- a leading cause of poisoning in the U.S. -- according to Cumberland.

H. Rajan Sharma, InnoPharma general counsel, said the company had no comment on the lawsuit. Arthur Shannon, a Perrigo spokesman, didn’t immediately return phone and e-mail messages seeking comment.

The cases are Cumberland v. Perrigo, 12cv619, and Cumberland v. InnoPharma, 12cv618, U.S. District Court, District of Delaware (Wilmington).

To see the patent, click: 8,148,356.

To contact the reporter on this story: Phil Milford in Wilmington, Delaware, at pmilford@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net

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