Catalyst Says Jacobus Patent Suit is Settled

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Catalyst Pharmaceuticals says it has settled ongoing patent infringement litigation with Jacobus Pharmaceutical Co. and PantherRx Rare. Catalyst had asserted that Jacobus and PantherRx induced infringement by third parties of Firdapse (amifampridine)-related patent rights in their marketing and distribution of Ruzurgi (amiframpridine). Catalyst says that as part of the settlement it is dismissing all claims related to the patent litigation and is acquiring certain Jacobus intellectual property rights, including the right to develop and commercialize Ruzurgi in the U.S. and Mexico.

Catalyst says Ruzurgi is not currently approved for distribution in the U.S. as a result of an FDA decision to convert its pediatric approval to a tentative approval following an 11th Circuit Court of Appeals decision. The court held that FDA’s approval of the Jacobus NDA for pediatric use violated Catalyst’s orphan drug exclusivity for Firdapse to treat Lambert-Eaton myasthenic syndrome.

Catalyst also says Jacobus is withdrawing its request that the Supreme Court review the appeals court decision.

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