Actavis confirms Generic Neupro® Patent challenge

Actavis plc (NYSE: ACT) today confirmed that it has filed an Abbreviated New Drug Application (ANDA) with the U.S. Food and Drug Administration (FDA) seeking approval to market Rotigotine Extended-release Transdermal Film, 1 mg/24 hr, 2mg/24 hr, 3 mg/24hr, 4 mg/24 hr, 6mg/24hr, and 8 mg/24 hr.  Actavis’ ANDA product is a generic version of UCB’s Neupro^®, which is indicated for the treatment of signs and symptoms of idiopathic Parkinson’s disease and moderate-to-severe primary Restless Legs Syndrome (RLS).

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UCB, Inc., UCB Manufacturing Ireland Limited, UCB Pharma GmbH and LTS Lohmann Therapie-Systeme AG filed suit against Actavis’ subsidiaries on August 21, 2014 in the U.S. District Court for the District of Delaware seeking to prevent Actavis from commercializing its ANDA product prior to the expiration of certain U.S. Patents.  The lawsuit was filed under the provisions of the Hatch-Waxman Act, resulting in a stay of final FDA approval of Actavis’ ANDA for up to 30 months from the date the plaintiffs received notice of Actavis’ ANDA filing or until final resolution of the matter before the court, whichever occurs sooner, subject to any other exclusivities.

Based on available information, Actavis believes it may be a “first applicant” to file an ANDA for the generic version of Neupro^® and, should its ANDA be approved, may be entitled to 180 days of generic market exclusivity.

For the 12 months ending June 30, 2014, Neupro^® had total U.S. sales of approximately $85 million, according to IMS Health data.