Sumitomo Dainippon Pharma has filed a patent infringement lawsuit against an Indian generics company, Emcure Pharmaceuticals Ltd, over the antipsychotic drug, LATUDA®.
Sumitomo filed the lawsuit jointly with its U.S. subsidiary, Sunovion Pharmaceuticals Inc. (“Sunovion”) on February 13, 2018 in the U.S. District Court for the District of New Jersey against.
Both Sumitomo and its subsidiary also filed a similar suit in the U.S. District Court for the District of Delaware against Amneal Pharmaceuticals LLC regarding their submissions of Abbreviated New Drug Applications (“ANDAs”) for generic copies of LATUDA® (lurasidone HCl tablets).
The lawsuits allege infringement of Sumitomo Dainippon Pharma’s U.S. Patent No. 9,815,827 (“the ’827 Patent”). These lawsuits are separate and different from the pending lawsuits, filed on January 14, 2015 in relation to Sumitomo Dainippon Pharma’s U.S. Patent No. 5,532,372.
Sumitomo Dainippon Pharma previously granted Sunovion an exclusive license in the United States under the ’827 Patent, and Sunovion has been marketing lurasidone HCl tablets in the United States under the brand name LATUDA® since its launch in February 2011.
The case is currently pending.