Acorda Therapeutics Inc. and Par Pharmaceutical Inc. settle over Ampyra drug dispute
Under a consent judgment entered in the U.S. District Court for the District of Delaware Jan. 21, Par agreed that the four Acorda patents at issue were valid and enforceable and that its proposed generic would infringe those patents.
The patents at issue, U.S. Patent Nos. 8,007,826 (the '826 patent), 8,354,437 (the '437 patent), 8,440,703 (the '703 patent), and 8,663,685 (the '685 patent), have expiration dates from Jan. 18, 2025, to May 26, 2027, according to the Food and Drug Administration's Orange Book.
Kyle Bass had petitioned for IPR review of the ‘685 patent and the ‘437 patents.
See the IPBiz post The PTAB denial of the Bass IPR petitions on Acorda's Ampyra patents: not quite as being reported in the popular press
But, Acorda was saved only by a failure of evidence by Bass, not by a substantive ruling on validity. The pharma industry is right to worry about IPRs.
**As one small footnote, Ampyra is not a disease-modifying treatment for MS, in contrast to Copaxone or Tecfidera.
link to BNA report: http://www.bna.com/acorda-par-settle-n57982066522/