Heron Therapeutics, Inc. (NASDAQ: HRTX) announced that the U.S. District Court for the District of Delaware ruled against the company in patent litigation with Azurity Pharmaceuticals regarding CINVANTI (aprepitant) injectable emulsion. The court held that claims in Heron's U.S. Patent Nos. 12,115,255 and 12,290,520 are invalid.

The decision does not affect any existing settlement agreements related to CINVANTI or APONVIE (aprepitant) injectable emulsion. Heron plans to appeal the ruling to the United States Court of Appeals for the Federal Circuit.

"We are disappointed with this initial result of the litigation and will vigorously pursue our appeal and all available remedies, including equitable relief if necessary, as we continue to defend our intellectual property rights," said Craig Collard, Chief Executive Officer of Heron.

The litigation involved Azurity Pharmaceuticals, Inc., Azurity Pharmaceuticals India LLP, and Slayback Pharma LLC. CINVANTI is an injectable emulsion formulation of aprepitant, a medication used to prevent nausea and vomiting.

Heron Therapeutics is a commercial-stage biotechnology company focused on developing therapeutic innovations for acute care and oncology patients. The company is based in Cary, North Carolina.