Indivior announced the U.S. Court of Appeals for the Federal Circuit (CAFC) has denied Dr. Reddy's Laboratories' (DRL's) motion for a stay of the July 13, 2018 preliminary injunction (PI) previously granted by the District of New Jersey. The PI prohibits DRL from using, importing, selling, or offering to sell its generic buprenorphine/naloxone sublingual film product. DRL appealed this ruling, and filed emergency motions seeking to expedite the appeal of the PI, and to stay the PI pending a ruling on appeal. The ruling means DRL continues to be prohibited from using, importing, selling, or offering to sell its generic buprenorphine/naloxone sublingual film product pending a favorable outcome for DRL on its appeal of the PI, or the District of New Jersey litigation related to U.S. Patent No. 9,931,305 (the '305 Patent); 9,687,454 (the '454 Patent); and 9,855,221 (the '221 Patent). The CAFC previously granted DRL's motion to expedite the appeal, and oral argument will be held the first week of October 2018.
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Indivior will continue to defend its patent rights to Suboxone Film, including opposing DRL's PI appeal, and continuing to pursue the appeal of the District of Delaware's noninfringement ruling related to U.S. Patent No. 8,603,514 (the '514 Patent), and the recently filed litigation asserting the '305, '454, and '221 Patents in the District of New Jersey.