Pozen‘s (NASDAQ:POZN) patent fight to protect its migraine headache drug Treximet is not yet over.
The Chapel Hill, North Carolina-based pharmaceutical company won a patent litigation court victory last month when a federal judge in Texas ruled that Pozen’s drug patents for Treximet were valid and enforceable. But Pozen disclosed in securities filings that generic drug makers Par Pharmaceutical (NYSE:PRX), Alphapharm and Dr. Reddy’s Laboratories (NYSE:RDY)are now appealing the ruling.
The generic drugs companies have filed applications with the Food and Drug Administration seeking to market generic versions of Treximet. In last month’s ruling, the court ordered that the generics companies’ applications not be approved by the FDA until Pozen’s Treximet patents expire. The first patent expires in 2017.
“The company has full confidence in its intellectual property portfolio related to Treximet and intends to continue to vigorously defend its patents,” Pozen said in the securities filing.
Treximet combines sumatriptan with naproxen sodium. The migraine treatment was developed by Pozen and approved by the FDA in 2008. The combination drug is marketed in the United States by Pozen drug partner GlaxoSmithKline (NYSE:GSK) and generated $15.4 million in 2010 royalty revenue for Pozen. Rest of the world commercialization rights were retained by Pozen.
