Indivior said Tuesday it had failed in its attempt to appeal against a decision that would allow rival Dr. Reddy's Laboratories from selling a generic version of the company's opioid addiction treatment
The U.S. Court of Appeals for the Federal Circuit had denied Indivior's motion for rehearing following the decision to vacate the preliminary injunction granted against Dr. Reddy's Laboratories. The CAFC stated its mandate was currently set to issue on February 11, 2019.
After the mandate issues, Dr. Reddy's Laboratories would no longer be prevented from selling, offering to sell, or importing its generic buprenorphine/naloxone sublingual film product in the U.S.
But Indivior said it intended to file an emergency motion with the court to request the preliminary injunction remain in place until the company's appeal against the District of Delaware's decision was heard.
The District of Delaware previously said that Dr. Reddy's Laboratories did not infringe on one of Indivior's patents.
'We are disappointed that the CAFC has denied Indivior's motion for rehearing,' said Shaun Thaxter, CEO of Indivior.
'While we ultimately believe in the strength of our patent portfolio, we acknowledge that the company faces major disruption in the immediate future from a potential material and rapid loss of market share by our SUBOXONE film product to generic buprenorphine/naloxone sublingual film competition.'
At 8:13am: (LON:INDV) Indivior Plc share price was -24.09p at 89.06p