Acorda hits Par with infringement claim

Acorda Therapeutics has sued rival Par Pharmaceutical accusing it of infringing patents related to multiple sclerosis (MS) treatment drug Ampyra (dalfampridine).

In a complaint filed at the US District for the District of Delaware, Acorda said that Par’s Abbreviated New Drug Application (ANDA) to market a generic version of Ampyra infringed four of its patents.

Ampyra is used to help improve walking for people suffering with MS.

The four patents at the centre of the dispute were issued by the US Patent and Trademark Office between 2011 and 2014. According to the Orange Book, they are due to expire between 2025 and 2027.

On September 10, Par told Acorda that it had filed an ANDA at the US Food and Drug Administration (FDA). The ANDA covers 10mg tablets.

According to Par, all four patents are “invalid, unenforceable and/or will not be infringed by the manufacture, use, or sale of the product”.

Acorda said it will be “substantially and irreparably harmed” if Par’s application is accepted.

Acorda is asking for a permanent injunction against the generic and that the court find Par liable for direct infringement.

Earlier this month, Par was the target of two infringement lawsuits filed by biopharmaceutical company Omeros.

At the centre of the dispute is Par’s attempt to market a generic version of Omeros’s Omidria (phenylephrine and ketorolac injection).