Bankrupt Orexigen Presses Pause on Patent Appeal

Bankrupt biopharmaceutical company Orexigen Therapeutics Inc. is pressing pause on a patent appeal relating to its obesity drug Contrave.

Orexigen won a favorable ruling in patent litigation over Teva Pharmaceutical Ltd.’s subsidiary Actavis Laboratories FL Inc. in October 2017. Actavis, which wants to make a generic of Contrave, appealed the ruling to the U.S. Court of Appeals for the Federal Circuit.

Orexigen said its bankruptcy filing entitles it to an automatic stay of Actavis’s appeal.

Contrave, approved by the Food and Drug Administration in September 2014, is indicated for use as an adjunct to a reduced-calorie diet and increased physical activity for chronic weight management in adults with an initial body mass index (BMI) of 30 kg/m2 or greater (obese), or 27 kg/m2 or greater. It’s protected by patents through 2030.

In the meantime, Orexigen hopes to find a buyer for its assets by July 2, the La Jolla, Calif.-based company said.

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