Neos Therapeutics has filed a patent infringement suit against Teva, and its subsidiary Actavis, for allegedly infringing a number of its patents.
The patents involved are US patent numbers 8,709,492; 8,840,924; 9,017,731; and 9.265,737. They concern Neos’drug Aszenys XR ODT (amphetamine extended-release orally disintegrating tablet).
The filing, which was filed yesterday, September 1 in the US District Court for the District of Delaware, alleged that the patents for its ADHD had been infringed
The suit was broughtafter Actavis had filed for Abbreviated New Drug Application with the Food and Drug Administration, seeking approval to manufacture and sell a drug with the same active ingredient as Aszenys XR ODT, prior to the expiration of the patents.
Neos has requested that the court stop Actavis from going through with the production and selling of the generic active ingredient. It has also asked for monetary relief for any damages caused.
Teva acquired Actavis Generics, Allergan’s generic business, in August.