Fed. Cir. Nixes Sun Pharma’s Win Axing Allergan IBS Drug Patents

The Federal Circuit overturned Sun Pharmaceutical Industries Ltd.’s win invaliding five patents linked to Viberzi, the irritable bowel syndrome treatment produced by AbbVie Inc.’s Allergan unit.

Allergan’s US Patent No. 7,741,356 is the “first” patent to cover the opioid compound eluxadoline and isn’t invalid for obviousness-type double patenting, Judge Alan Lourie of the US Court of Appeals for the Federal Circuit wrote in an opinion for the three-judge panel’s majority issued Tuesday.

The decision concerns Allergan’s pursuit to prevent Sun from selling a generic version of the treatment for IBS with diarrhea.

The first filed and first issued patent ...