Following a December 8, 2016 oral argument, the United States Court of Appeals for the Federal Circuit entered a Rule 36 judgment on December 12, 2016 unanimously affirming the District of New Jersey's February 2016 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. The Federal Circuit's judgment also confirms that Supernus's Oxtellar XR® patents are valid over multiple invalidity grounds argued by Actavis. Oxtellar XR®—Supernus's once-a-day oxcarbazepine tablets used to treat partial 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. We are particularly pleased that we could help Supernus protect this important franchise, especially since Actavis filed its ANDA seeking to market a generic version of Oxtellar XR® less than two months after Supernus launched its brand product. This appellate victory should enable Supernus to realize the full value of its Oxtellar XR® patents, which the FDA's Orange Book lists as expiring on April 13, 2027.
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