Fed. Circ. Bars Generic Of Horizon Arthritis Drug Until 2027

Law360 (October 10, 2019, 7:58 PM EDT) -- A split Federal Circuit on Thursday affirmed a lower court’s decision that upheld the validity of a claim in one of the patents for Horizon’s osteoarthritis drug Pennsaid 2%, a ruling that blocks Actavis from selling a generic version of the drug until late 2027.

In a 55-page, 2-1 precedential opinion, the majority of a three-judge panel said that a New Jersey federal court correctly found that Teva Pharmaceuticals unit Actavis did not infringe most of Horizon’s patents for Pennsaid 2%, a topical formulation used to treat osteoarthritis of the knees, and that several of the claims were invalid for being...

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