The following is excerpted from a November 2010 GenericsWeb press release:
GenericsWeb, a leader in established pharmaceutical patent searching and analysis, recently published an article based on its proprietary patent intelligence for Emend®/Ivemend® (Fosaprepitant), Merck's drug for the prevention of chemotherapy induced nausea and vomiting. The article analyses the surrounding patent landscape, highlighting the need for comprehensive, up-to-date information in the development of launch strategies that minimise the cost of litigation and understanding the barriers to launch as to receive the benefits of your generic product being first to market.
Key findings of the article include:
In most countries where Emend is marketed, the data and market exclusivity will expire before patent expiry thus will not affect the date of generic competition.
Patents protecting the use of the type of active ingredient (Neurokinin-1 receptor antagonist) would expire at the latest by July 2013. US patents in this family are currently the subject of litigation in regard to Sandoz’ paragraph IV certified ANDA for Aprepitant (Emend).
Patents protecting the Fosaprepitant molecule would likely continue to be in force until 2020 (2019 in the US) when patent term extensions or SPCs expire (assuming pending SPC applications are granted).
Fosaprepitant, a selective Neurokinin-1 (NK-1) receptor antagonist and substance P inhibitor is an anti-emetic agent marketed by Merck under the brand name Emend. Available as a powder for injection, Fosaprepitant it is a prodrug of the active ingredient Aprepitant found in the oral dosage form sharing the same brand name. Sales of Emend exceeded US$300 million in 2009 and continue with double digit growth in 2010.
You can read the entire article here.