Ferring Cleans Up in Patent Win Over Par


Par Pharmaceutical Inc. won't be able to get its generic version of Ferring Pharmaceuticals Inc.'s colon-cleansing drug Prepopik to market anytime soon.

In a July 11 ruling, Judge Richard G. Andrews of the U.S. District Court for the District of Delaware said Ferring met its burden to prove Par's proposed generic product infringed claims of two Ferring patents.

The ruling means the Food and Drug Administration is blocked from giving final approval to Par's proposed generic until the patents at issue in the litigation, U.S. Patent Nos. 8,450,338 and 8,481,083, expire in October 2028.

Because Par dismissed all of its invalidity defenses before the trial began, the only issue was whether Par's proposed generic infringed the patents.

Prepopik, a fixed-dose combination drug product, is intended for cleansing the colon in preparation for colonoscopy in adults. It contains three active ingredients: sodium picosulfate, magnesium oxide, and anhydrous citric acid.

Bloomberg BNA contacted Ferring for comment July 14 but no one was available to respond. Endo told Bloomberg BNA the company doesn't comment on pending litigation.

Ferring is headquartered in Switzerland and its main base of U.S. operations is in Parsippany, N.J. Par, based in Chestnut Ridge, N.Y., is a subsidary of Endo International PLC. Endo has global headquarters in Dublin, Ireland, and U.S. headquarters in Malvern, Pa.

Womble Carlyle Sandridge & Rice LLP represented Ferring.

Arent Fox LLP and Richards Layton & Finger, P.A., represented Par.

The case is Ferring Pharms. Inc. v. Par Pharm., Inc., D. Del., No. 1:15-cv-173-RGA, 7/11/17.

The opinion is here.

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