Impax Laboratories Inc. said Wednesday the U.S. Court of Appeals for the Federal Circuit remanded a patent issue back to the lower court, vacating its ruling that was in favor of Sanofi Aventis LLC.
Hayward-based Impax (OTCBB: IPXL) said the patent relates to the use of riluzole in treating amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig's disease.
In December, U.S. District Court for the District of Delaware granted a preliminary injunction motion brought by Bridgewater, N.J.-based Aventis, which delayed the entry of Impax's generic version into the market.
Impax's generic version of riluzole was approved in 2003, and Impax said it plans to request that the injunction preventing the company from launching its generic version be lifted upon return of the case to the lower court.
Rilutek, marketed by Aventis for the treatment of ALS, had U.S. sales of about $37 million for the 12 months ended Aug. 31, Impax said.
Impax is a specialty pharmaceutical company focused on controlled-release and specialty generics in addition to the development of branded products.
source - BizJournals