Heron Therapeutics, Inc. announced on December 3, 2024, that the U.S. District Court for the District of Delaware ruled in its favor regarding the patent litigation against Fresenius Kabi USA, LLC concerning CINVANTI (aprepitant) injectable emulsion. The court found Heron's U.S. Patent Nos. 9,561,229 and 9,974,794 to be valid.
These patents, which protect CINVANTI, are set to expire in 2035. The court's decision also determined that Fresenius' proposed generic product would infringe upon these patents. This ruling concludes the litigation initiated in July 2022 in response to Fresenius' Abbreviated New Drug Application.
As a direct result of this favorable decision, Heron will seek a court order to prohibit Fresenius from launching its generic CINVANTI until after the patents expire in 2035. This outcome secures the intellectual property for a key product in Heron's oncology portfolio, providing long-term revenue stability and removing a significant legal overhang.
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