Pharma company raises pressure with hypotension drug lawsuit
Nexus raises second complaint against same parties in a month | Ready-to-use drug that can raise the blood pressure of hypotension patients at issue.
Nexus Pharmaceuticals has hit Nevakar and Endo Pharmaceuticals with a lawsuit alleging the infringement of its product, Emerphed (ephedrine sulfate), a ready-to-use drug that can raise the blood pressure of a patient experiencing hypotension while under anaesthetic.
According to the complaint, filed at the US District Court for the District of New Jersey on October 11, a rival Nevakar product infringes a Nexus patent, US number 11,464,752,
This US Patent and Trademark Office issued the patent on the same day the lawsuit was filed.
Nexus outlined in the complaint how it applied for and obtained patents related to its inventions for the ready-to-use 5 mg/mL concentration, including the ’752 patent.
The pharma company’s latest lawsuit is its second in a month involving a patent covering the treatment against the two companies.
The company claims that its rivals, in concert with one another, obtained approval from the Federal Food and Drug Administration for an ephedrine sulfate 25 mg/5 mL (5 mg/mL) solution in a 5 mL prefilled syringe, and infringed its product.
“The act of infringement relates to Nevakar and Endo’s ongoing and/or imminent manufacture, use, sale, importation, offer to sell and/or encouragement of others to do any of the foregoing, within the US, of an ephedrine sulfate 25 mg/5 mL (5 mg/mL) solution in a 5 mL prefilled syringe before expiration of the ’752 patent,” said the complaint.
In November 2021, the parties settled their dispute over a different patent covering the Emerphed syringe.
LSIPR has approached all parties for comment.
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