Supernus Pharmaceuticals Inc. v. Actavis Inc., Nos. 13-4740 and 14-1981 (RMB/JS) (D.N.J.): Following two and a half years of litigation, a seven-day bench trial, and extensive post-trial briefing, Judge Bumb of the United States District Court for the District of New Jersey issued a 136-page opinion ruling that Actavis Inc. and several of its subsidiaries infringed two patents owned by FLH client Supernus Pharmaceuticals, Inc. by seeking permission from FDA to market a generic version of Oxtellar XR® before the expiration of Supernus’s patents. As part of the ruling, Judge Bumb found all three asserted patents valid over multiple invalidity grounds argued by Actavis. Oxtellar XR®—Supernus’s once-a-day oxcarbazepine tablets used to treat epilepsy and seizures in adults and children—is one of two products marketed by Supernus, a Rockville, Maryland-based specialty pharmaceutical company focused on developing and commercializing products for the treatment of central nervous system disorders. FLH is particularly pleased to be able to protect this important Supernus franchise, which was attacked by Actavis only a few months after Oxtellar XR®’s February 2013 launch.
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