Johnson & Johnson (JNJ -1.1%) unit Janssen and Allergan (AGN -0.7%) have filed a lawsuit in Delaware claiming that Aurobindo Pharma’s U.S. marketing application seeking approval for a generic version of irritable bowel syndrome (IBS) med Viberzi (eluxadoline) infringes on eight patents owned by J&J and exclusively licensed to Allergan. Seven of the patents expire in March 2025 and the other in March 2028.
Litigation is standard operating procedure for branded drug makers to delay generic competition since it automatically triggers a 30-month stay on FDA approval to allow for time to adjudicate the matter.
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