Forest Labs (FRX) Sues First Time US Generics Again

October 2, 2013 4:30 PM EDT
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Forest Laboratories, Inc. (NYSE: FRX) and Forest Laboratories Holdings, Ltd. (collectively, “Forest”) announced that Forest and Royalty Pharma Collection Trust have jointly filed an additional lawsuit in the U.S. District Court for the District of Delaware against First Time US Generics LLC (“First Time”) for infringement of U.S. Patent No. 6,602,911 (“the ‘911 patent”), U.S. Patent No. 7,888,342 (“the ‘342 patent”), and U.S. Patent No. 7,994,220 (“the ‘220 patent), which relate to Forest’s SAVELLA® product. Forest licenses the ‘911 patent, the ‘342 patent, and the ‘220 patent from Royalty Pharma. The ‘911 patent expires in January 2023, the ‘342 patent expires in November 2021, and the ‘220 patent expires in September 2029.

Forest and Royalty Pharma received notification from First Time that it has filed an Abbreviated New Drug Application with Paragraph IV certifications seeking approval to market generic versions of SAVELLA before the expiration of the ‘911 patent, the ‘342 patent, and the ‘220 patent. This lawsuit was commenced before the expiration of forty-five days from the date of receipt of First Time’s notification letter.

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