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2 December 2016

Mallinckrodt sues Mylan over fever drug patent

Pharmaceutical company Mallinckrodt has filed a complaint against Mylan for alleged patent infringement over its drug Ofirmev (acetaminophen), a treatment for fever.

The case, which was filed in the US District Court for the District of Delaware yesterday, December 1, arose after Mylan submitted a New Drug Application to the Food and Drug Administration seeking permission to market a generic product.

The patent involved in the case is US number 9,399,012, titled “Reduced dose intravenous acetaminophen”, was issued by the US Patent and Trademark Office on July 26, 2016.

According to the suit, Mylan’s generic product will have the same active ingredient as Ofirmev. It will also have the same route of administration and dosage form.

Mallinckrodt has asked the court for a judgment that Mylan has infringed its patent, as well as a permanent injunction restraining Mylan from bringing the generic to market before the expiration of its patent.

Mallinckrodt has also requested awards for costs and damages.

Ofirmev was part of Mallinckrodt's acquisition of Cadence Pharmaceuticals for $1.4 billion in 2014.

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