Acorda Therapeutics Sues Mylan Over Plan to Copy MS Drug

Acorda Therapeutics Inc., which makes the drug Ampyra to improve multiple sclerosis patients’ walking, sued Mylan Inc., accusing the company of attempting to sell a generic of the drug before its patents expire.

Mylan notified Acorda last week that it filed a new drug application for generic tablets of Ampyra. Patents held by Acorda expire as early as July 2018 and as late as May 2027, according to a complaint filed yesterday in federal court in Delaware.

Ampyra, approved in 2010, is a twice-daily pill that repairs damaged nerve signals that cause MS symptoms such as limited mobility. The drug generated $302.6 million in 2013 revenue.

Acorda is seeking a court order barring the approval of any generics before the expiration of exclusivity to which it is entitled, according to the complaint.

The case is Acorda Therapeutics Inc. v. Mylan Pharmaceuticals Inc., 14-cv-00935, U.S. District Court, District of Delaware (Wilmington).