Court rules in IntelGenx's favor in Wellbutrin-maker's lawsuit

Quebec-based IntelGenx received a positive ruling Tuesday in a case involving two patents owned by Biovail Laboratories, the maker of the antidepressant Wellbutrin XL.

The U.S. District Court of Delaware ruled in favor of IntelGenx regarding claim construction for the two patent terms at issue in the patent case brought by Biovail, according to an IntelGenx statement. The ruling arises from a special proceeding called a Markman Hearing, during which both sides present their arguments on how they believe the patent terms at issue should be interpreted.

The dispute arose after IntelGenx, which develops oral controlled-release products and rapidly disintegrating delivery systems, submitted an NDA to the FDA for CPI-300, a novel, high strength formulation of Bupropion HCl, the active ingredient in the antidepressant. At present, patients requiring a high dosage of the drug are prescribed multiples of the lower strengths of HCl tablets.

"We are very pleased that the court has fully adopted our interpretation of the claim language at issue," commented Horst Zerbe, president and CEO of IntelGenx. "We have always steadfastly argued that CPI-300, our proprietary high-dose bupropion product, does not infringe on any properly-interpreted claims of the asserted patents, and now have a ruling that should allow us ultimately to obtain a ruling to that effect."

- read IntelGenx's release
- and a report from RTT News