Valeant Sues Teva Over Onexton Generics
Valeant’s Dow Pharmaceuticals filed a lawsuit against Teva’s Actavis, alleging infringement of two patents on the acne drug Onexton.
In the complaint filed in the U.S. District Court for the District of New Jersey, Dow alleges Actavis’ generic version of Onexton infringes two patents covering the drug’s formulation of benzoyl peroxide and clindamycin and methods of treating acne. The patents in dispute expire in 2029.
In early March, Actavis notified Dow it intended to market a generic version of Onexton that would not infringe on several claims in the two patents. Dow contends the copycat drug would infringe on the patents, because it is “the same, or substantially the same, as Onexton.”
Dow is asking the court to order Actavis not to sell a generic version of Onexton — which currently is under review by the FDA — before the patents expire. Dow is also requesting that the court enter a judgment saying Actavis infringed the two patents.