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9 January 2018Americas

Celgene files TM claim against Beacon over psoriasis drug

Global biopharmaceutical company Celgene Corporation, headquartered in New Jersey, has filed a claim against oncology company Beacon Pharmaceuticals, situated in Bangladesh, for trademark infringement.

The  complaint was filed at the US District Court for the District of New Jersey on Friday, January 5.

The claim centres on pharmaceutical product Otezla, to which Celgene owns all the proprietary rights globally. Otezla is an oral prescription pill which uses the active ingredient apremilast to treat plaque psoriasis.

‘Otezla’ is covered by US trademark number 4,331,247, relating to “pharmaceutical prescriptions which modulate the immune system”. The name and design combination is covered by US trademark numbers 4,598,865 and 4,598,910, for “pharmaceutical preparations” modulating the immune system.

All trademarks fall into international class 5.

The Otezla product was approved by the US Food and Drug Administration (FDA) in 2014 for the treatment of plaque psoriasis in patients for whom phototherapy or systemic therapy is appropriate, and for the treatment of all adult patients with active psoriatic arthritis.

Otezla is the only apremilast pharmaceutical product with FDA approval in the US and patients are required to obtain a prescription to access it. It is subject to limited distribution through Celgene-approved pharmacies due to the potentially serious side effects (noted on the claim as depression and weight loss).

Bangladeshi company Beacon sells branded and generic drugs to consumers in the US, Europe, Asia, Latin America, and Africa. The claim alleges that Beacon “solicits business through the US, and sells drugs, including apremilast, to consumers in the District of New Jersey and to consumers throughout the US”.

It continues, “since at least as early as July 2016, defendant has been using the Otezla mark without authorisation from Celgene”. Celgene contacted Beacon during 2016 to request that it cease and desist from the using the mark, and from all unauthorised advertising and distribution of the drug. Celgene alleges that, during 2017, apremilast continued to be sold by Beacon to consumers in New Jersey.

The lawsuit comes as Celgene announces the acquisition of Impact Biomedicines for over $1 billion, LSIPR reports.

Celgene requests that the court preliminarily and permanently enjoins and restrains Beacon and that any material containing infringing designations be delivered for destruction. Celgene additionally claims triple damages, requesting all gains and profits from Beacon in excess of $75,000.

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More on this story

Big Pharma
27 August 2019   Amgen has entered into an agreement with Celgene to acquire worldwide rights to Otezla, the only oral, non-biologic treatment for psoriasis and psoriatic arthritis, for $13.4 billion.

More on this story

Big Pharma
27 August 2019   Amgen has entered into an agreement with Celgene to acquire worldwide rights to Otezla, the only oral, non-biologic treatment for psoriasis and psoriatic arthritis, for $13.4 billion.

More on this story

Big Pharma
27 August 2019   Amgen has entered into an agreement with Celgene to acquire worldwide rights to Otezla, the only oral, non-biologic treatment for psoriasis and psoriatic arthritis, for $13.4 billion.