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U.S. District Court Issues Decision Regarding CINVANTI Patents — After Reviewing the Ruling, Heron Believes It has Substantial Grounds for Obtaining Reversal in an Appeal — CARY, N.C.

Key Takeaway: Heron Therapeutics, Inc. announced that the U.S. District Court for the District of Delaware ruled against its patents for CINVANTI, declaring them invalid. Despite the setback, Heron intends to appeal the decision in hopes of reversal in the United States Court of Appeals for the Federal Circuit. The company emphasizes its commitment to defending its intellectual property rights. This ruling does not affect prior settlement agreements related to CINVANTI or other products.

Market Sentiment Analysis

POSITIVE FACTORS

  • Heron plans to appeal the court's decision, indicating resilience.
  • The company has a history of innovations in improving patient care.
  • There is potential for a reversal in the appeal, suggesting optimism among leadership.

CONCERNS & RISKS

  • The U.S. District Court ruled against Heron, declaring its patents invalid.
  • This ruling may affect Heron's market position if not overturned.
  • The negative ruling casts uncertainty over Heron's intellectual property strategy.

Full Press Release Details

U.S. District Court Issues Decision Regarding CINVANTI Patents
After Reviewing the Ruling, Heron Believes It has Substantial Grounds for Obtaining Reversal in an Appeal
CARY, N.C., June 2, 2026 (GLOBE NEWSWIRE) - Heron Therapeutics, Inc. (Nasdaq: HRTX) ( Heron or the Company ), a commercial-stage biotechnology company, today announced that the U.S. District Court for the District of Delaware issued a decision in the patent litigation between Heron and Azurity Pharmaceuticals, Inc., Azurity Pharmaceuticals India LLP f/k/a Slayback Pharma India LLP, and Slayback Pharma LLC ( Azurity ), with respect to CINVANTI (aprepitant) injectable emulsion, holding that the asserted claims of Company's U.S. Patent Nos. 12,115,255 and 12,290,520 are invalid. This decision has no impact on any prior settlement agreement related to CINVANTI (aprepitant) injectable emulsion or APONVIE (aprepitant) injectable emulsion. Heron intends to appeal the decision to the United States Court of Appeals for the Federal Circuit, a court that specializes in patent disputes.
We are disappointed with this initial result of the litigation and will vigorously pursue our appeal and all available remedies, including equitable relief if necessary, as we continue to defend our intellectual property rights, said Craig Collard, Chief Executive Officer of Heron.
About Heron Therapeutics, Inc.
Heron Therapeutics, Inc. is a commercial-stage biotechnology company focused on improving the lives of patients by developing and commercializing therapeutic innovations that improve medical care. Our advanced science, patented technologies, and innovative approach to drug discovery and development have allowed us to create and commercialize a portfolio of products that aim to advance the standard-of-care for acute care and oncology patients. For more information, visit www.herontx.com.
Forward-looking Statements
This news release contains forward-looking statements as defined by the Private Securities Litigation Reform Act of 1995. Heron cautions readers that forward-looking statements are based on management's expectations and assumptions as of the date of this news release and are subject to certain risks and uncertainties that could cause actual results to differ materially. Therefore, you should not place undue reliance on forward-looking statements. Examples of forward-looking statements include, among others, statements we make regarding whether Heron appeals the decision and Heron's ability to obtain a stay of market entry. Important factors that could cause actual results to differ materially from those in the forward-looking statements are set forth in our most recent Annual Report on Form 10-K and any subsequent Quarterly Reports on Form 10-Q, and in our other reports filed with the Securities and Exchange Commission, including under the caption Risk Factors. Forward-looking statements reflect our analysis only on their stated date, and Heron takes no obligation to update or revise these statements except as may be required by law.
Investor Relations and Media Contact:
Executive Vice President, Chief Financial Officer
Heron Therapeutics, Inc.

Frequently Asked Questions

What was the ruling regarding CINVANTI patents?

The U.S. District Court ruled that the asserted claims of Heron's patents for CINVANTI are invalid.

What will Heron Therapeutics do next after the court ruling?

Heron plans to appeal the decision to the U.S. Court of Appeals for the Federal Circuit.

Who are the parties involved in the patent litigation?

The litigation involves Heron Therapeutics and Azurity Pharmaceuticals and its affiliates.

How does the ruling affect existing CINVANTI agreements?

The ruling does not impact any prior agreements related to CINVANTI or APONVIE.

What is the focus of Heron Therapeutics, Inc.?

Heron Therapeutics focuses on developing therapeutic innovations for acute care and oncology.

Last updated: Jun 2, 2026