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Pernix Therapeutics, Inc. (PTX)’ Subsidiary Macoven Pharmaceuticals, LLC Named in Suit by Merck, Pamlab LLC and Others for Alleged Patent Violations

3/7/2012 6:16:51 AM

TYLER, Texas--(BUSINESS WIRE)--U.S. District Court for the Eastern District of Texas, three plaintiffs filed a complaint against four defendants, including Macoven Pharmaceuticals, owned by Pernix Therapeutics (PTX), alleging infringement of six patents. The other three defendants are Gnosis, S.p.A., Gnosis U.S.A and Gnosis Bioresearch SA (collectively “Gnosis”).

The Plaintiffs are: Merck & Cie, based in Switzerland; South Alabama Medical Science Foundation of Alabama (“SAMSF”); and Pamlab, LLC of Louisiana. According to the Complaint, SAMSF, a not-for-profit research organization, is the owner of five of the asserted patents. These five patents are exclusively licensed to Merck & Cie by SAMSF. Merck & Cie owns the remaining patent. Merck & Cie exclusively licenses these patents, in certain fields of use, to Pamlab. The asserted patents include: United States Patent Nos: 5,997,915; 6,011,040; 6,254,904; 6,673,381; 7,674,490 and 7,172,778.

Plaintiffs in the case state that Pamlab, LLC imports Metafolin® from Merck & Cie for use in its medical food products. Metafolin® is a highly specialized form of folate, which is an essential human nutrient. Metafolin® is used in dietary supplements, medical foods, nutritional supplements, pregnancy vitamins and foods for special dietary use. According to the Complaint, Pamlab uses Metafolin® in several of its pharmaceutical products including, Neevo DHA®, Metanx®, Cerefolin NAC®, and Deplin®.

The Plaintiffs allege that Macoven (a Pernix subsidiary) is now marketing a series of products that infringe Merck’s and SAMSF’S patents. The Macoven products named in the suit are: Vitaciric-B, ALZ-NAC, PNV DHA, and L-methylfolate Calcium 7.5mg and 15mg.

Plaintiffs have asked for an unspecified amount of damages as well as treble damages from Macoven. They also seek an injunction preventing Macoven from selling or distributing its infringing products, and attorney’s fees.

Macoven Pharmaceuticals is a wholly owned subsidiary of Pernix Therapeutics Holdings, Inc. which is based in The Woodlands, Texas and listed on the NYSE Amex (PTX).

Civil Action Number: 6:12-cv-00027


Pamlab, LLC Legal Counsel (LA)

Keith Daigle, 985-893-4097

Legal Counsel


South Alabama Medical Science foundation (AL)

Alston& Bird, LLP

Thomas J. Parker, 214-922-3437

Legal Counsel

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