Court upholds Pernix's Zohydro ER patent

Pernix Therapeutics Holdings Inc. recently announced that it has been given positive feedback on its litigation in regards to the proposed generic version of Zohydro ER with Actavis Laboratories FL Inc.

In a October 2016 trial, Judge Gregory M. Sleet of the U.S. District Court for the District of Delaware, found that the proposed generic versions were infringing U.S. Patent Nos. 9,132,096 and 6,902,742. 

Sleet prohibited Actavis from commercial manufacture, use, offer to sell or sale in the U.S., as well as forbidding any importation into the U.S. of the product before its two patents expired. 

John Sedor, chairman and CEO of Pernix, spoke on the the court's ruling, according to a Pernix announcement.

"We are pleased with the Court's decision as it confirms the strength and longevity of the Zohydro ER patent portfolio," Sedor said.

The two patents are in the FDA's "Orange Book" for Zohydro ER, licensed by Recro Gainsville LLC. Recro filed against Alvogen Malta Operations Ltd., putting an end to a patent infringement lawsuit for a proposed generic of Zohydro ER.