IP Forecast: Fed. Circ. To Mull Narcan Patents

By Andrew Karpan (July 29, 2021, 9:31 PM EDT) -- Emergent BioSolutions' grip on its blockbuster opioid overdose medication Narcan is at stake in a patent case that reaches the Federal Circuit on Monday.

Adapt Pharma, an Emergent unit, is appealing a ruling from a New Jersey federal judge last June that found claims in four of its patents covering the drug's dosage were unpatentable, in light of how naloxone has been used in treating overdoses since the 1960s. The argument came from rival drugmaker Teva Pharmaceuticals USA Inc., which Adapt sued over Teva's efforts to market a generic version of the drug, which the U.S. Food and Drug Administration approved in...

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