Apicore seeks declaration of non-infringement of Pfizer’s patent

Pharmaceutical company Apicore has filed a complaint against Pfizer, seeking a declaration of non-infringement of a patent covering the drug Tikosyn (dofetilide), a treatment for maintenance of sinus rhythm.

Filed yesterday, December 12, at the US District Court for the District of Delaware, Apicore’s suit sought declaratory judgment as the company intends to bring a generic version of Tikosyn to market.

Apicore had submitted an Abbreviated New Drug Application with the Food and Drug Administration before the expiration date of the patent, US number 6,124,363, in October 2018.

In the suit, Apicore alleged that it would not infringe Pfizer’s ‘363 patent if it were to market its generic product.

It has asked the court for a declaration that the manufacture and sale of the Tikosyn generic does not infringe the patent involved.

Apicore has also asked the court for it to be awarded costs and expenses for bringing the case.