Merck Alleges Xellia’s Proposed Generic Anti-Fungal Medication Infringes Patent

Merck Feb. 14 filed a complaint in the U.S. District Court for the District of Delaware, alleging Xellia Pharmaceuticals ApS infringed Merck’s patent on the anti-fungal injection Cancidas (Merck Sharp & Dohme Corp. v. Xellia Pharmaceuticals ApS).

Cancidas (caspofungin acetate) for injection is approved for treating certain types of fungal infections, according to the complaint. The lawsuit alleges infringement of U.S. Patent No. 5,952,300, titled “Antifungal compositions,” which issued in September 1999, the complaint said. According to the Food and Drug Administration’s Orange Book, the patent expires in March 2017, with pediatric exclusivity running through September 2017.

Among ...