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Supernus wins patent challenge

Supernus wins patent challenge

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(Bloomberg) Rockville-based Supernus Pharmaceuticals Inc. and Nestle SA’s Galderma unit fended off a challenge to patents on the acne medicine Oracea in the first review of its kind at the U.S. Patent and Trademark Office. The patent office this week rejected arguments by closely held Amneal Pharmaceuticals LLC that three patents covered obvious variations of earlier research. The patents expire in 2024 and 2025. Of the more than 2,000 challenges filed with the agency, less than 10 percent involve pharmaceuticals. This is the first decision in which a would-be maker of a generic medicine opted for the patent review over court proceedings, said Galderma lawyer Gerald Flattmann. Amneal can appeal the decision to the U.S. Court of Appeals for the Federal Circuit in Washington, which specializes in patent law. Supernus owns the patents and licenses them to Galderma.

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