Emend Patent Expiration

Emend is a drug owned by Merck And Co Inc. It is protected by 5 US drug patents filed in 2013. Out of these, 1 drug patents are active and 4 have expired. Based on its patents and exclusivities, its generic launch date is estimated to be Sep 26, 2027. Details of Emend's patents and their expiration are given in the table below.

Drug Patent Number Drug Patent Title Drug Patent Expiry Status
These drug patents focus on the other aspects of the drug like dosage, mode of administration (oral, tablet, capsules, liquids etc).
US8258132 Pharmaceutical composition of a tachykinin receptor antagonist
Sep, 2027

(2 years from now)

Active
US6096742 Polymorphic form of a tachykinin receptor antagonist
Jul, 2018

(6 years ago)

Expired
US5719147 Morpholine and thiomorpholine tachykinin receptor antagonists
Apr, 2015

(9 years ago)

Expired
US5538982 Medical use for tachykinin antagonists
Jul, 2013

(11 years ago)

Expired
US7214692 Medical use for tachykinin antagonists
Sep, 2012

(12 years ago)

Expired


A patent's expiry date may change depending upon legal activities going on that patent. Critical activities like abandoning of a patent, term extension of a patent or amendment of its claims can increase or decrease the life of a patent hence affecting its expiry date and in turn affecting the generic launch date of that drug. Tracking these ongoing activities on a patent application helps to keep an eye on the latest developments in the patent process of the drug which can give an idea of how early a drug's generic could be available. The next section provides a list of recent legal activities on Emend's patents.

Given below is the list of recent legal activities going on the following patents of Emend.

Activity Date Patent Number
Patent litigations
Payment of Maintenance Fee, 12th Year, Large Entity 08 Feb, 2024 US8258132
Payment of Maintenance Fee, 8th Year, Large Entity 18 Feb, 2020 US8258132
Expire Patent 05 Jun, 2015 US7214692
Recordation of Patent Grant Mailed 04 Sep, 2012 US8258132
Patent Issue Date Used in PTA Calculation 04 Sep, 2012 US8258132
Issue Notification Mailed 15 Aug, 2012 US8258132
Application Is Considered Ready for Issue 01 Aug, 2012 US8258132
Dispatch to FDC 01 Aug, 2012 US8258132
Issue Fee Payment Received 30 Jul, 2012 US8258132
Issue Fee Payment Verified 30 Jul, 2012 US8258132


While patent expiration is one way of estimating the generic date of a drug, if a patent gets invalidated somehow, the generic of the drug may arrive early. Being aware of all relevant patents can help in avoiding legal pitfalls. Given below are details of the litigation history of Emend and ongoing litigations to help you estimate the early arrival of Emend generic.

Emend's Litigations

Emend been subject to various legal proceedings, including patent litigations. The earliest legal proceeding was initiated on Jul 26, 2005, against patent number US7214692. The petitioner , challenged the validity of this patent, with Russell Michael Hagan et al as the respondent. Click below to track the latest information on how companies are challenging Emend's patents.

Last updated on December 24, 2024
Patent Proceeding Filing Date Status Respondent Petitioner
Patent litigations
US7214692 July, 2005 Decision
(18 Jan, 2006)
Russell Michael Hagan et al


FDA has granted some exclusivities to Emend. Till the time these exclusivities are active, no other company can market a generic or bioequivalent version of Emend, regardless of the status of it's patents. These exclusivities hence play a crucial role in delaying the generic launch. Given below are details of the exclusivities granted to Emend.

Exclusivity Information

Emend holds 7 exclusivities out of which 6 have expired. Its last outstanding exclusivity is set to expire in 2025. Details of Emend's exclusivity codes and their expiration dates are given below.


Drug Exclusivity Drug Exclusivity Expiration
New Chemical Entity Exclusivity(NCE) Jan 25, 2013
M(M-82) Mar 19, 2013
New Dosing Schedule(D-128) Nov 12, 2013
New Patient Population(NPP) Apr 03, 2021
New Dosing Schedule(D-155) Feb 01, 2019
Pediatric Exclusivity(PED) Oct 03, 2021
New Dosing Schedule(D-186) May 02, 2025

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Several oppositions have been filed on Emend's European patents. EP oppositions can significantly impact the timeline for the generic launch of drugs. If an opposition results in the revocation or amendment of a patent, it can shorten the exclusivity period of the original drug. This can lead to an earlier entry of generic versions into the market. To help you estimate the potential early arrival of Emend's generic, the next section provides detailed information on ongoing and past EP oppositions related to Emend patents.

Emend's Oppositions Filed in EPO

Emend has faced multiple oppositions in the European Patent Office. The earliest opposition was filed on Apr 06, 2009, by Teva Pharmaceutical Industries Ltd.. This opposition was filed on patent number EP02796109A. Click below to reveal the latest opposition data.


Application Filing Date Opposition Party Legal Status
Patent litigations
EP02796109A Apr, 2009 Hexal AG Patent maintained as amended
EP02796109A Apr, 2009 Teva Pharmaceutical Industries Ltd. Patent maintained as amended


US patents provide insights into the exclusivity only within the United States, but Emend is protected by patents in multiple countries. Understanding the full scope of patent protection is crucial in strategizing market entry. By looking at the broader patent landscape, you can identify markets with weaker patent protection which could be ideal generic entry points. The following section offers details on Emend's family patents as well as insights into ongoing legal events on those patents.

Emend's Family Patents

Emend has patent protection in a total of 37 countries. It's US patent count contributes only to 7.7% of its total global patent coverage. 34 countries have all of their patents expired or invalidated which has opened up potential generic launch opportunities in these countries. Click below to unlock the full patent family tree for Emend.

Family Patents

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Generic Launch

Generic Release Date:

Emend's generic launch date based on the last expiry date of its patents and exclusivities combined is estimated to be Sep 26, 2027 (This date is subject to change depending upon the patent filing activities by the drug owner or exclusivity additions to its drug application)

Emend Generic API suppliers:

Aprepitant is the generic name for the brand Emend. 3 different companies have already filed for the generic of Emend, with Glenmark Speclt having the maximum number of approved applications. Check out the entire list of companies who have already received approval for Emend's generic

How can I launch a generic of Emend before its drug patent expiration? :

You can seek FDA approval to launch a generic drug before the expiration of Emend's patents related by providing a 'paragraph IV certification' in your application, which states that the patent submitted by the Emend's sponsor is invalid, unenforceable, or will not be infringed by your generic product.

Given below are the details of the already filed Para IV certificates on Emend -

Strength Submission Date ANDA(s) Filed First applicant approval Last patent expiry 180 day status
40 mg, 80 mg and 125 mg 03 Nov, 2008 1 24 Sep, 2012 17 Apr, 2015 Deferred
125 mg/Kit 23 Nov, 2016 1 26 Sep, 2027 Extinguished

Alternative Brands for Emend

Emend which is used for preventing and treating nausea and vomiting associated with chemotherapy, postoperative nausea and vomiting, and emesis induced by cancer chemotherapeutic agents., has several other brand drugs in the same treatment category . Given below is the list of those companies and their brand drugs, to help you identify new opportunities, assess competitors, and plan your market strategies more effectively.

Drug Owner Drug Name Treatment Area
Helsinn Hlthcare
Aloxi Used for preventing nausea and vomiting caused by chemotherapy and postoperative procedures.





About Emend

Emend is a drug owned by Merck And Co Inc. It is used for preventing and treating nausea and vomiting associated with chemotherapy, postoperative nausea and vomiting, and emesis induced by cancer chemotherapeutic agents. Emend uses Aprepitant as an active ingredient. Emend was launched by Merck in 2003.

Approval Date:

Emend was approved by FDA for market use on 26 March, 2003.

Active Ingredient:

Emend uses Aprepitant as the active ingredient. Check out other Drugs and Companies using Aprepitant ingredient

Treatment:

Emend is used for preventing and treating nausea and vomiting associated with chemotherapy, postoperative nausea and vomiting, and emesis induced by cancer chemotherapeutic agents.

Dosage:

Emend is available in capsule form for oral use. Given below is detailed information on Dosage -

Strength Dosage Form Availability Application Pathway
80MG CAPSULE Prescription ORAL
40MG **Federal Register determination that product was not discontinued or withdrawn for safety or effectiveness reasons** CAPSULE Discontinued ORAL
125MG CAPSULE Prescription ORAL


Emend Patent Expiration

Emend is a drug owned by Merck Sharp And Dohme Corp A Sub Of Merck And Co Inc. It is protected by 2 US drug patents filed in 2016. Out of these, 1 drug patents are active and 1 has expired. Based on its patents and exclusivities, its generic launch date is estimated to be Sep 26, 2027. Details of Emend's patents and their expiration are given in the table below.

Drug Patent Number Drug Patent Title Drug Patent Expiry Status
These drug patents protect the active ingredient(API) of the drug. Only drug patent owner can launch products that use this active ingredient until these patents expire.
US6096742 Polymorphic form of a tachykinin receptor antagonist
Jul, 2018

(6 years ago)

Expired
These drug patents focus on the other aspects of the drug like dosage, mode of administration (oral, tablet, capsules, liquids etc).
US8258132 Pharmaceutical composition of a tachykinin receptor antagonist
Sep, 2027

(2 years from now)

Active


A patent's expiry date may change depending upon legal activities going on that patent. Critical activities like abandoning of a patent, term extension of a patent or amendment of its claims can increase or decrease the life of a patent hence affecting its expiry date and in turn affecting the generic launch date of that drug. Tracking these ongoing activities on a patent application helps to keep an eye on the latest developments in the patent process of the drug which can give an idea of how early a drug's generic could be available. The next section provides a list of recent legal activities on Emend's patents.

Given below is the list of recent legal activities going on the following patents of Emend.

Activity Date Patent Number
Patent litigations
Payment of Maintenance Fee, 12th Year, Large Entity 08 Feb, 2024 US8258132
Payment of Maintenance Fee, 8th Year, Large Entity 18 Feb, 2020 US8258132
Expire Patent 05 Jun, 2015 US7214692
Recordation of Patent Grant Mailed 04 Sep, 2012 US8258132
Patent Issue Date Used in PTA Calculation 04 Sep, 2012 US8258132
Issue Notification Mailed 15 Aug, 2012 US8258132
Application Is Considered Ready for Issue 01 Aug, 2012 US8258132
Dispatch to FDC 01 Aug, 2012 US8258132
Issue Fee Payment Received 30 Jul, 2012 US8258132
Issue Fee Payment Verified 30 Jul, 2012 US8258132


FDA has granted several exclusivities to Emend. Till the time these exclusivities are active, no other company can market a generic or bioequivalent version of Emend, regardless of the status of it's patents. These exclusivities hence play a crucial role in delaying the generic launch. Given below are details of the exclusivities granted to Emend.

Exclusivity Information

Emend holds 7 exclusivities out of which 6 have expired. Its last outstanding exclusivity is set to expire in 2025. Details of Emend's exclusivity codes and their expiration dates are given below.


Drug Exclusivity Drug Exclusivity Expiration
New Chemical Entity Exclusivity(NCE) Jan 25, 2013
M(M-82) Mar 19, 2013
New Dosing Schedule(D-128) Nov 12, 2013
New Patient Population(NPP) Apr 03, 2021
New Dosing Schedule(D-155) Feb 01, 2019
Pediatric Exclusivity(PED) Oct 03, 2021
New Dosing Schedule(D-186) May 02, 2025

Stay ahead of others in designing the generic launch strategy of these 5 blockbuster drugs expiring in next 5 years.

Get the exclusive patent insights now. Don't be the last to know.

Several oppositions have been filed on Emend's European patents. EP oppositions can significantly impact the timeline for the generic launch of drugs. If an opposition results in the revocation or amendment of a patent, it can shorten the exclusivity period of the original drug. This can lead to an earlier entry of generic versions into the market. To help you estimate the potential early arrival of Emend's generic, the next section provides detailed information on ongoing and past EP oppositions related to Emend patents.

Emend's Oppositions Filed in EPO

Emend has faced multiple oppositions in the European Patent Office. The earliest opposition was filed on Apr 06, 2009, by Teva Pharmaceutical Industries Ltd.. This opposition was filed on patent number EP02796109A. Click below to reveal the latest opposition data.


Application Filing Date Opposition Party Legal Status
Patent litigations
EP02796109A Apr, 2009 Hexal AG Patent maintained as amended
EP02796109A Apr, 2009 Teva Pharmaceutical Industries Ltd. Patent maintained as amended


US patents provide insights into the exclusivity only within the United States, but Emend is protected by patents in multiple countries. Understanding the full scope of patent protection is crucial in strategizing market entry. By looking at the broader patent landscape, you can identify markets with weaker patent protection which could be ideal generic entry points. The following section offers details on Emend's family patents as well as insights into ongoing legal events on those patents.

Emend's Family Patents

Emend has patent protection in a total of 37 countries. It's US patent count contributes only to 7.7% of its total global patent coverage. 34 countries have all of their patents expired or invalidated which has opened up potential generic launch opportunities in these countries. Click below to unlock the full patent family tree for Emend.

Family Patents

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NCE-1 Patent Expiry in the Next 1 Year
Identify opportunities as new chemical entity (NCE-1) patents approach expiry
View List
Recently Granted Patents in EP
Find the opportunity to file Oppositions
View List


Generic Launch

Generic Release Date:

Emend's generic launch date based on the last expiry date of its patents and exclusivities combined is estimated to be Sep 26, 2027 (This date is subject to change depending upon the patent filing activities by the drug owner or exclusivity additions to its drug application)

Emend Generic API suppliers:

Aprepitant is the generic name for the brand Emend. 3 different companies have already filed for the generic of Emend, with Glenmark Speclt having the maximum number of approved applications. Check out the entire list of companies who have already received approval for Emend's generic

How can I launch a generic of Emend before its drug patent expiration? :

You can seek FDA approval to launch a generic drug before the expiration of Emend's patents related by providing a 'paragraph IV certification' in your application, which states that the patent submitted by the Emend's sponsor is invalid, unenforceable, or will not be infringed by your generic product.

Given below are the details of the already filed Para IV certificates on Emend -

Strength Submission Date ANDA(s) Filed First applicant approval Last patent expiry 180 day status
40 mg, 80 mg and 125 mg 03 Nov, 2008 1 24 Sep, 2012 17 Apr, 2015 Deferred
125 mg/Kit 23 Nov, 2016 1 26 Sep, 2027 Extinguished

Alternative Brands for Emend

Emend which is used for preventing and treating nausea and vomiting associated with chemotherapy, postoperative nausea and vomiting, and emesis induced by cancer chemotherapeutic agents., has several other brand drugs in the same treatment category . Given below is the list of those companies and their brand drugs, to help you identify new opportunities, assess competitors, and plan your market strategies more effectively.

Drug Owner Drug Name Treatment Area
Helsinn Hlthcare
Aloxi Used for preventing nausea and vomiting caused by chemotherapy and postoperative procedures.





About Emend

Emend is a drug owned by Merck Sharp And Dohme Corp A Sub Of Merck And Co Inc. It is used for preventing and treating nausea and vomiting associated with chemotherapy, postoperative nausea and vomiting, and emesis induced by cancer chemotherapeutic agents. Emend uses Aprepitant as an active ingredient. Emend was launched by Msd Merck Co in 2015.

Approval Date:

Emend was approved by FDA for market use on 17 December, 2015.

Active Ingredient:

Emend uses Aprepitant as the active ingredient. Check out other Drugs and Companies using Aprepitant ingredient

Treatment:

Emend is used for preventing and treating nausea and vomiting associated with chemotherapy, postoperative nausea and vomiting, and emesis induced by cancer chemotherapeutic agents.

Dosage:

Emend is available in for suspension form for oral use. Given below is detailed information on Dosage -

Strength Dosage Form Availability Application Pathway
125MG/KIT FOR SUSPENSION Prescription ORAL


Emend Patent Expiration

Emend is a drug owned by Merck And Co Inc. It is protected by 6 US drug patents filed from 2013 to 2018 out of which all have expired. Emend's patents have been open to challenges since 03 October, 2020. Based on its patents and exclusivities, its generic launch date is estimated to be May 02, 2025. Details of Emend's patents and their expiration are given in the table below.

Drug Patent Number Drug Patent Title Drug Patent Expiry Status
These drug patents focus on the other aspects of the drug like dosage, mode of administration (oral, tablet, capsules, liquids etc).
US5691336

(Pediatric)

Morpholine compounds are prodrugs useful as tachykinin receptor antagonists
Sep, 2019

(5 years ago)

Expired
US5691336 Morpholine compounds are prodrugs useful as tachykinin receptor antagonists
Mar, 2019

(5 years ago)

Expired
US5716942 Treatment of migraine with morpholine tachykinin receptor antagonists
Feb, 2015

(9 years ago)

Expired
US5512570 Treatment of emesis with morpholine tachykinin receptor antagonists
Mar, 2014

(10 years ago)

Expired
US5538982 Medical use for tachykinin antagonists
Jul, 2013

(11 years ago)

Expired
US7214692 Medical use for tachykinin antagonists
Sep, 2012

(12 years ago)

Expired


A patent's expiry date may change depending upon legal activities going on that patent. Critical activities like abandoning of a patent, term extension of a patent or amendment of its claims can increase or decrease the life of a patent hence affecting its expiry date and in turn affecting the generic launch date of that drug. Tracking these ongoing activities on a patent application helps to keep an eye on the latest developments in the patent process of the drug which can give an idea of how early a drug's generic could be available. The next section provides a list of recent legal activities on Emend's patents.

Given below is the list of recent legal activities going on the following patents of Emend.

Activity Date Patent Number
Patent litigations
Payment of Maintenance Fee, 12th Year, Large Entity 08 Feb, 2024 US8258132
Payment of Maintenance Fee, 8th Year, Large Entity 18 Feb, 2020 US8258132
Expire Patent 05 Jun, 2015 US7214692
Recordation of Patent Grant Mailed 04 Sep, 2012 US8258132
Patent Issue Date Used in PTA Calculation 04 Sep, 2012 US8258132
Issue Notification Mailed 15 Aug, 2012 US8258132
Application Is Considered Ready for Issue 01 Aug, 2012 US8258132
Dispatch to FDC 01 Aug, 2012 US8258132
Issue Fee Payment Received 30 Jul, 2012 US8258132
Issue Fee Payment Verified 30 Jul, 2012 US8258132


While patent expiration is one way of estimating the generic date of a drug, if a patent gets invalidated somehow, the generic of the drug may arrive early. Being aware of all relevant patents can help in avoiding legal pitfalls. Given below are details of the litigation history of Emend and ongoing litigations to help you estimate the early arrival of Emend generic.

Emend's Litigations

Emend been subject to various legal proceedings, including patent litigations. The earliest legal proceeding was initiated on Jul 26, 2005, against patent number US7214692. The petitioner , challenged the validity of this patent, with Russell Michael Hagan et al as the respondent. Click below to track the latest information on how companies are challenging Emend's patents.

Last updated on December 24, 2024
Patent Proceeding Filing Date Status Respondent Petitioner
Patent litigations
US5691336 December, 2014 Terminated-Denied
(25 Jun, 2015)
Merck Sharp & Dohme Corp. Apotex Inc.
US7214692 July, 2005 Decision
(18 Jan, 2006)
Russell Michael Hagan et al


FDA has granted some exclusivities to Emend. Till the time these exclusivities are active, no other company can market a generic or bioequivalent version of Emend, regardless of the status of it's patents. These exclusivities hence play a crucial role in delaying the generic launch. Given below are details of the exclusivities granted to Emend.

Exclusivity Information

Emend holds 7 exclusivities out of which 6 have expired. Its last outstanding exclusivity is set to expire in 2025. Details of Emend's exclusivity codes and their expiration dates are given below.


Drug Exclusivity Drug Exclusivity Expiration
New Chemical Entity Exclusivity(NCE) Jan 25, 2013
M(M-82) Mar 19, 2013
New Dosing Schedule(D-128) Nov 12, 2013
New Patient Population(NPP) Apr 03, 2021
New Dosing Schedule(D-155) Feb 01, 2019
Pediatric Exclusivity(PED) Oct 03, 2021
New Dosing Schedule(D-186) May 02, 2025

Stay ahead of others in designing the generic launch strategy of these 5 blockbuster drugs expiring in next 5 years.

Get the exclusive patent insights now. Don't be the last to know.

US patents provide insights into the exclusivity only within the United States, but Emend is protected by patents in multiple countries. Understanding the full scope of patent protection is crucial in strategizing market entry. By looking at the broader patent landscape, you can identify markets with weaker patent protection which could be ideal generic entry points. The following section offers details on Emend's family patents as well as insights into ongoing legal events on those patents.

Emend's Family Patents


Family Patents

Explore Our Curated Drug Screens

Drugs Generating Over $1 Billion in Annual Revenue
Explore the top-performing drugs that dominate the pharmaceutical industry
View List
NCE-1 Patent Expiry in the Next 1 Year
Identify opportunities as new chemical entity (NCE-1) patents approach expiry
View List
Recently Granted Patents in EP
Find the opportunity to file Oppositions
View List


Generic Launch

Generic Release Date:

Emend's generic launch date based on the last expiry date of its patents and exclusivities combined is estimated to be May 02, 2025 (This date is subject to change depending upon the patent filing activities by the drug owner or exclusivity additions to its drug application)

Emend Generic API suppliers:

Fosaprepitant Dimeglumine is the generic name for the brand Emend. 3 different companies have already filed for the generic of Emend, with Glenmark Speclt having the maximum number of approved applications. Check out the entire list of companies who have already received approval for Emend's generic

How can I launch a generic of Emend before its drug patent expiration? :

You can seek FDA approval to launch a generic drug before the expiration of Emend's patents related by providing a 'paragraph IV certification' in your application, which states that the patent submitted by the Emend's sponsor is invalid, unenforceable, or will not be infringed by your generic product.

Given below are the details of the already filed Para IV certificates on Emend -

Strength Submission Date ANDA(s) Filed First applicant approval Last patent expiry 180 day status
115 mg/vial 25 Jan, 2012 1 05 Sep, 2019 10 Feb, 2015 Extinguished
150 mg/vial 25 Jan, 2012 2 04 Mar, 2019 Extinguished

Alternative Brands for Emend

Emend which is used for preventing and treating nausea and vomiting associated with chemotherapy, postoperative nausea and vomiting, and emesis induced by cancer chemotherapeutic agents., has several other brand drugs in the same treatment category . Given below is the list of those companies and their brand drugs, to help you identify new opportunities, assess competitors, and plan your market strategies more effectively.

Drug Owner Drug Name Treatment Area
Helsinn Hlthcare
Aloxi Used for preventing nausea and vomiting caused by chemotherapy and postoperative procedures.





About Emend

Emend is a drug owned by Merck And Co Inc. It is used for preventing and treating nausea and vomiting associated with chemotherapy, postoperative nausea and vomiting, and emesis induced by cancer chemotherapeutic agents. Emend uses Fosaprepitant Dimeglumine as an active ingredient. Emend was launched by Merck And Co Inc in 2008.

Approval Date:

Emend was approved by FDA for market use on 25 January, 2008.

NCE-1 date:

NCE-1 date also known as the four year date occurs four years after the original drug approval and marks the first opportunity for a generic manufacturer to file an ANDA with a Paragraph IV certification. This is the earliest point when generic competition might begin, provided the challenge is successful. Since the approval date for Emend is 25 January, 2008, its NCE-1 date is estimated to be 03 October, 2020.

Active Ingredient:

Emend uses Fosaprepitant Dimeglumine as the active ingredient. Check out other Drugs and Companies using Fosaprepitant Dimeglumine ingredient

Treatment:

Emend is used for preventing and treating nausea and vomiting associated with chemotherapy, postoperative nausea and vomiting, and emesis induced by cancer chemotherapeutic agents.

Dosage:

Emend is available in powder form for intravenous use. Given below is detailed information on Dosage -

Strength Dosage Form Availability Application Pathway
EQ 115MG BASE/VIAL **Federal Register determination that product was not discontinued or withdrawn for safety or effectiveness reasons** POWDER Discontinued INTRAVENOUS
EQ 150MG BASE/VIAL POWDER Prescription INTRAVENOUS