Teva sued over opioid overdose drug

Irish pharmaceutical company Adapt Pharma has filed a complaint against Teva for allegedly infringing a patent centring on its nasal spray Narcan (naloxone hydrochloride).

The case, which was filed on Friday, October 21 in the US District Court for the District of New Jersey, arose after Teva filed an Abbreviated New Drug Application (ANDA) with the Food and Drug Administration (FDA).

Teva is seeking approval from the FDA to market a generic version of Adapt’s nasal spray, which is the only FDA-approved nasal spray for emergency treatment of known or suspected opioid overdose.

In September, Teva sent a written notice to Adapt stating that the claims of US patent number 9,211,253 are invalid and will not be infringed by Teva applying for FDA approval.

Teva also informed Adapt in the letter that it is seeking approval to market its product before the expiration of the patent involved.

Adapt is requesting the court to grant a judgment that Teva has infringed the patent by submitting an ANDA.

It is also asking for permanent injunction to prevent Teva from bringing the drug to market before the expiration of the ‘253 patent, and to be awarded costs and expenses for bringing the case to court.