Lawyers for Avanir contend Impax wrongly plans to market a generic version of the drug, for which a patent was awarded in July, before the patent expires in 2023, according to a complaint filed today in federal court in Wilmington, Delaware.
“Impax’s proposed product is especially adapted for a use that infringes the patent,” Avanir contends in court papers, saying there is “no substantial non-infringing use” for the product.
Avanir, based in Aliso Viejo, California, is asking a judge to rule that the patent is infringed, to order Hayward, California-based Impax not to use the technology and to award unspecified damages.
Reached by telephone, Impax spokesman Mark Donohue declined to comment on the lawsuit.
Avanir reported about $32 million in revenue for the year ending on June 30, according to data compiled by Bloomberg. Impax reported about $573 million in the same period.
The case is Avanir v. Impax, U.S. District Court, District of Delaware (Wilmington).
To see the patent, click: 8,227,484.
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