Impax Sued by Avanir Over Patent for Nuedexta Nerve Drug

Impax Laboratories Inc. (IPXL) was sued by Avanir Pharmaceuticals Inc. (AVNR) for allegedly infringing a new patent for the drug Nuedexta, used to control abnormal emotional outbursts.

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.

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