The United States Court of Appeals for the Federal Circuit ruled that the generic drug would infringe on the patent of Sunovion Pharmaceuticals' insomnia treatment drug Lunesta.
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Ruling against a New Jersey Court which approved DRL generic, the federal Circuit Court said that the lower court had “erred” in granting summary judgement of non-infringement by DRL. According to Dainippon Sumitomo Pharma, Lunesta, used to treat insomnia, generated $136 million revenues in North America and Chinese markets in the April-June quarter of the current fiscal.
Sunovin is a wholly-owned subsidiary of Dainippon Sumitomo Pharma Co. Ltd (DSP).
The Osaka-based Dainippon Sumitomo has already reached settlements with other companies over the sleep medicine, including one with Teva Pharmaceuticals.