Fort Collins pharmaceutical company still faces ongoing lawsuit

FORT COLLINS — Tolmar Inc., a Northern Colorado pharmaceutical company, is in an ongoing lawsuit over claims it engaged in patent infringement.

The complaint dates to 2017. Plaintiff Horatio Washington Depot Technologies LLC alleges that Tolmar Inc., Tolmar Pharmaceuticals Inc. and Tolmar Therapeutics Inc. infringed on a patent that dates back to 1999.

The patent, titled “Non-Aqueous Polar Aprotic Peptide Formulations,” was issued to New York-based Horatio in August 1991. Additional similar patents were issued to the company in 2000 and 2001.

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In 2002 through 2004, Tolmar had drug applications for its product Eligard approved by the FDA. Eligard included Tolmar preparing stable non-aqueous formulations leuprolide acetate in polar aprotic solvents.

The complaint goes on to say that Tolmar has been aware of Horatio’s patents since at least May 2010 and has taken no action to cease infringing on the patents.

The plaintiff is seeking a judgment that declares its patents are valid and enforceable, that Tolmar has infringed upon them, and the suit also seeks damages adequate to compensate Tolmar’s infringement.

The case has been ongoing since August 2017, with lawyers continuing to communicate as of January.