Endo loses appeal challenging generic version of best-seller Vasostrict

The United States Court of Appeals for the Federal Circuit is seen in Washington, DC on August 30, 2020. REUTERS/Andrew Kelly

Sign up now for FREE unlimited access to Reuters.com

  • The Court of Appeals finds Eagle’s generic drug not infringing
  • The generic drug has a different pH than Endo’s top-selling drug

(Reuters) – Endo International’s Par Pharmaceutical Inc on Wednesday failed to persuade a US appeals court to reinstate its lawsuit seeking to stop Eagle Pharmaceuticals Inc from selling a generic version of Par’s top-selling blood pressure drug Vasostrict.

The US Court of Appeals for the Federal Circuit upheld a decision by a Delaware federal court that generic Eagle did not infringe any of Par’s patents.

Ryan Debski, Eagle’s executive vice president and general counsel, told Reuters the company was “very pleased” with the court’s “thorough and complete” decision.

Sign up now for FREE unlimited access to Reuters.com

Endo declined to comment.

Vasostrict is used to treat patients with critically low blood pressure. Dublin-based Endo sold over $900 million worth of Vasostrict last year, making it the company’s best-selling drug.

Based in Woodcliff Lake, New Jersey, generic Eagle’s received FDA approval in December and has been on the US market since January.

Endo’s Par sued Eagle in 2018 after it applied to the US Food and Drug Administration for approval of a generic version of Vasostrict. US Chief District Judge Colm Connolly ruled last year that Eagle did not infringe Endo’s patent rights.

A three-judge Federal Circuit Panel agreed Thursday, finding that the pH range of Eagle’s generic drug was lower than the range specified in Endo’s vasostrict patents.

The court rejected Endo’s argument that “real evidence” showed that some batches of Eagle’s drug, in the words of Chief US Circuit Judge Kimberly Moore, “would inevitably stray into infringing territory.”

The case is Par Pharmaceutical Inc v Eagle Pharmaceuticals Inc, U.S. Court of Appeals for the Federal Circuit, No. 21-2342.

For Endo: Martin Black from Dechert

For Eagle: John O’Quinn of Kirkland & Ellis

Continue reading:

Eagle Escapes Par’s Patent Claims on Proposed Vasostrict Generic

US FDA Approves Eagle’s Generic Version of Endo Blood Pressure Drug

Sign up now for FREE unlimited access to Reuters.com

Our standards: The Thomson Reuters Trust Principles.

Blake Britain

Thomson Reuters

Blake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets. You can reach him at [email protected]

Read  Hacker tournament brings together world's best in Las Vegas

Leave a Comment

Your email address will not be published. Required fields are marked *