GW Pharmaceuticals sues in the US to protect its patents

The manufacturer of Epidiolex, a prescription CBD medication, has taken legal action in the United States for patent infringement.

GW Research, a subsidiary of the Irish company Jazz Pharmaceuticals, claims that over 15 drug manufacturers are infringing its patents by developing generic versions of Epidiolex, the only CBD-containing drug approved by the Food and Drug Administration (FDA).

These competitors have reportedly submitted Abbreviated New Drug Applications (ANDAs) to «market generic versions of GW's pharmaceutical product, cannabidiol oral solution», GW said, noting that some of their patents don't expire until September 2025, while others are still in force until July 2027.

Epidiolex has been approved for the treatment of two rare forms of epilepsy in young children in 2018 and 2020 in the U.S. and Canada. in 2019 for Europe.

The defendants in the lawsuit brought by GW Research Ltd are : Teva Pharmaceuticals, Inc. Apotex Inc, Padagis US LLC, InvaGen Pharmaceuticals, Inc, Cipla Ltd, Cipla USA, Inc, API Pharma Tech LLC, Lupin Ltd, Alkem Laboratories Ltd, Taro Pharmaceutical Industries Ltd. Ascent Pharmaceuticals, Inc, MSN Laboratories Private Ltd, MSN Pharmaceuticals, Inc, Zenara Pharma Private Ltd and Biophore Pharma, Inc.

The lawsuit was filed in the U.S. District Court for the District of New Jersey.

«We will vigorously defend our intellectual property rights, as they are an important part of what allows us to continue to innovate and develop new medicines for patients, including our pioneering work and our industry-leading GW cannabinoid science platform,» said Andrew Civers-Davis of Jazz Pharmaceuticals à Marijuana Moment.

Larry Sandell, patent attorney at Mei & Mark LLP and head of the firm's cannabis practice, told Marijuana Moment that ANDA patent cases of this type are relatively common in the pharmaceutical world, although they are somewhat unique here as they concern cannabis-based products.