BioCentury
ARTICLE | Company News

Cadence neurology news

September 2, 2013 7:00 AM UTC

Cadence said the U.S. Patent and Trademark Office (PTO) made an initial determination to reject claims of U.S. Patent No. 6,028,222 in its ex parte reexamination of the patent. The '222 patent expires in August 2017 and covers the formulation of pain and fever drug Ofirmev acetaminophen injection. Cadence said the reexamination was requested by Exela Pharma Sciences LLC (Lenoir, N.C.) last year. Cadence said it intends to continue with the reexamination and is "confident" in its ability to make a strong case for the patentability of the rejected claims. The company also plans to file additional claims under the '222 patent. The company said it does not expect the rejection to have an adverse effect on pending litigation against Exela Pharma Sciences LLC (Lenoir, N.C.), which submitted an ANDA for a generic version of Ofirmev. Last year, Cadence settled litigation brought against Perrigo Co. (NYSE:PRGO; Tel Aviv:PRGO, Allegan, Mich.), which also submitted an ANDA for a generic version of Ofirmev (see BioCentury, Dec. 3, 2012). ...