— Court Rules in Favor of Heron in Patent Lawsuit
Against Fresenius Kabi USA, LLC
—
SAN
DIEGO, Dec. 3, 2024 /PRNewswire/ -- Heron
Therapeutics, Inc. (Nasdaq: HRTX) ("Heron" or the "Company"), a
commercial-stage biotechnology company, today announced that the
U.S. District Court for the District of Delaware ruled in Heron's favor in the
Company's patent litigation against Fresenius Kabi USA, LLC with respect to CINVANTI®
(aprepitant) injectable emulsion. The district court found that
Heron's U.S. Patent Nos. 9,561,229 and 9,974,794, which expire in
2035, are valid and would be infringed by Fresenius' proposed
generic product.
The district court decision concludes the litigation initiated
in July 2022 in response to
Fresenius' submission of an Abbreviated New Drug Application with
the U.S. Food and Drug Administration seeking approval of a generic
version of CINVANTI®. As a result of the decision, Heron will seek
an order from the Court prohibiting Fresenius from launching its
generic CINVANTI® until after the expiration of the patents in
2035. This decision is subject to appeal.
"We are pleased with this anticipated result of the proceeding
and will continue to vigorously defend the CINVANTI® patent estate
in the future," said Craig Collard, Chief Executive Officer of
Heron. "The team at Heron takes great pride in the result of our
successful history of developing injectable products, which is
demonstrated by the strength of our intellectual property and the
performance of our innovative drugs like CINVANTI® in serving
patients with serious unmet needs."
About Heron Therapeutics, Inc.
Heron Therapeutics, Inc. is a commercial-stage
biotechnology company focused on improving the lives of patients by
developing and commercializing therapeutic innovations that improve
medical care. Our advanced science, patented technologies, and
innovative approach to drug discovery and development have allowed
us to create and commercialize a portfolio of products that aim to
advance the standard-of-care for acute care and oncology patients.
For more information, visit www.herontx.com.
Forward-looking Statements
This news release contains "forward-looking statements" as
defined by the Private Securities Litigation Reform Act of 1995.
Heron cautions readers that forward-looking statements are based on
management's expectations and assumptions as of the date of this
news release and are subject to certain risks and uncertainties
that could cause actual results to differ materially. Therefore,
you should not place undue reliance on forward-looking statements.
Important factors that could cause actual results to differ
materially from those in the forward-looking statements are set
forth in our most recent Annual Report on Form 10-K and any
subsequent Quarterly Reports on Form 10-Q, and in our other reports
filed with the Securities and Exchange Commission, including
under the caption "Risk Factors." Forward-looking statements
reflect our analysis only on their stated date, and Heron takes no
obligation to update or revise these statements except as may be
required by law.
Investor Relations and Media Contact:
Ira Duarte
Executive Vice President, Chief Financial Officer
Heron Therapeutics, Inc.
iduarte@herontx.com
858-251-4400
View original content to download
multimedia:https://www.prnewswire.com/news-releases/us-district-court-upholds-validity-of-cinvanti-patents-302321651.html
SOURCE Heron Therapeutics, Inc.