Akorn appeals Fresenius Kabi ruling

Akorn Inc., a specialty generic pharmaceutical company, said it filed a notice of appeal to the Supreme Court of the state of Delaware from the recent decision of the Delaware Court of Chancery rejecting Akorn's claims.

Akorn has also filed a motion seeking expedited proceedings in its appeal.

Akorn disagrees with the opinion issued Oct. 1 by the Court of Chancery.

Despite misleading allegations made by Fresenius throughout the trial regarding Akorn's regulatory compliance practices and activities, Akorn said it takes data integrity and other U.S. Food and Drug Administration compliance issues very seriously. Akorn is focused on working collaboratively with the FDA as Akorn continues to evaluate and improve its practices and procedures to ensure compliance with FDA regulations.

On Oct. 10, Akorn announced it received a new Abbreviated New Drug Application approval from the FDA for Bimatoprost Ophthalmic Solution, 0.03 percent, which is indicated to treat hypotrichosis of the eyelashes by increasing their growth including length, thickness and darkness.

Details of Akorn's appellate argument will be available in Akorn's opening brief, which will be filed on a schedule set by the Supreme Court.

Akorn based in Lake Forest has manufacturing facilities in Decatur; Somerset, New Jersey; Amityville, New York; Hettlingen, Switzerland and Paonta Sahib, India.