On Tuesday a case was filed in the Middle District of Florida, by Azurity Pharmaceuticals Inc. against Corerex Inc. The case is regarding infringement of Azurity’s patents for hypertension treatment Epaned.
Hypertension and heart disease are among the leading causes of death in the United States. While there numerous treatment options for this condition, Epaned has the unusual distinction of being approved for use in treatment of children under the age of six, according to the complaint. This treatment requires that Epaned be stable and effective as an oral solution as children under six years of age are rarely able to cope with pill, tablet, or gel formulations.
Azurity is the holder of two patents for Epaned as well as the New Drug Application that was approved by the FDA. The plaintiffs accuse defendants on filing an Abbreviated New Drug Application (ANDA) without seeking license by Azurity. They also note that defendants are aware of prior litigation regarding these patents regarding an entity known as Bionpharma, with which Corerx is associated which also notes the infringing activity regarding these patents.
The plaintiffs are suing for patent infringement and are seeking injunctions against further infringement, declaratory judgment regarding the validity of the patents, disgorgement of profits and contributory infringement damages regarding any partners that Corerex has in the process. The plaintiffs are represented by Shutts & Bowen and Wilson Sonsini Goodrich & Rosati.
