Mallinckrodt sues generic company over fever treatment

Mallinckrodt IP and Mallinckrodt Hospital Products, subsidiaries of pharmaceutical company Mallinckrodt, have filed a patent infringement complaint against B Braun Medical.

Braun is a UK-based provider and manufacturer of healthcare solutions.

The case was filed on Wednesday, May 31, at the US District Court for the District of Delaware, and centres on US patent numbers 9,399,012 and 9,610,265.

The allegedly infringed patents are titled “Reduced dose intravenous acetaminophen”, and protect a method for treatment of pain or fever in adults.

A company called Cadence was the original owner of the patents, which protected its drug Ofirmev (acetaminophen), but after Mallinckrodt acquired Cadence, Mallinckrodt became the new owner of the patents.

Mallinckrodt Hospital Products distributes Ofirmev in the US.

According to the complaint, Braun submitted a New Drug Application to the Food and Drug Administration, seeking permission to market a generic version of the drug .

Mallinckrodt said: “Plaintiffs will be irreparably harmed by Braun’s infringing activities unless those activities are enjoined by this court.”

The company has asked the court for a preliminary and permanent injunction enjoining the generic company from selling the drug.

Mallinckrodt has also asked for an award of monetary relief if Braun goes through with bringing the generic to market.

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