Heron Therapeutics Inc. (HRTX), a commercial-stage biotechnology company, announced on Tuesday that the U.S. District Court for the District of Delaware has ruled in its favor in a patent litigation against Fresenius Kabi regarding CINVANTI injectable emulsion.
CINVANTI, developed by Heron, was approved in 2017 for the prevention of chemotherapy-induced nausea and vomiting.
In 2022, Fresenius submitted an Abbreviated New Drug Application with the FDA seeking approval for a generic version of CINVANTI. This led to Heron filing a patent infringement suit against Fresenius.
Now, the court has upheld the validity of Heron's U.S. Patent Nos. 9,561,229 and 9,974,794, which cover CINVANTI (aprepitant) injectable emulsion. These patents, set to expire in 2035, are found to be infringed by Fresenius' proposed generic version of the product.
With a favorable ruling in hand, Heron plans to request an order blocking Fresenius from launching its generic version of CINVANTI until the patents expire in 2035. The ruling is still subject to appeal.
Craig Collard, CEO of Heron Therapeutics, stated, "We are pleased with the anticipated outcome of this case and will continue to vigorously protect the CINVANTI patent portfolio. Our team takes great pride in the strength of our intellectual property and the role of innovative drugs like CINVANTI in meeting the needs of patients with serious, unmet conditions."
HRTX closed Monday's trading at $1.18, down 3.28%. In premarket trading today, the stock is up by 88.98% at $2.25
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