--- title: "TherapeuticsMD's Mayne Pharma suit is stayed" url: "https://aibio.space/news/therapeuticsmds-mayne-pharma-suit-stayed-imvexxy-patent-cases-against/" publisher: "aibio.space (Biotech Investor Relations News)" date: "2026-08-11" section: "Legal" tickers: "NASDAQ:TXMD" source: "https://www.sec.gov/Archives/edgar/data/25743/000121390026087768/ea0297949-10q_therapeutics.htm" summary: "TherapeuticsMD (Nasdaq: TXMD) sued Mayne Pharma LLC in Delaware over net working capital allowances and faces a countersuit. Teva and Sun Pharma are defend" --- By the aibio.space news desk. Sources - [TherapeuticsMD 10-Q for the quarter ended June 30, 2026 (SEC EDGAR)](https://www.sec.gov/Archives/edgar/data/25743/000121390026087768/ea0297949-10q_therapeutics.htm) [TXMD](https://aibio.space/companies/therapeuticsmd/) 2026-08-11 # TherapeuticsMD's Mayne Pharma suit is stayed; IMVEXXY patent cases against Teva and Sun continue Tickers [TXMD](https://aibio.space/companies/therapeuticsmd/) TherapeuticsMD (Nasdaq: TXMD) sued Mayne Pharma LLC in Delaware over net working capital allowances and faces a countersuit. Teva and Sun Pharma are defendants in New Jersey patent cases over generic IMVEXXY. ## Key facts - **Company**: TherapeuticsMD, Inc. (NASDAQ: TXMD) - **News type**: Legal - **Primary source**: [TherapeuticsMD 10-Q for the quarter ended June 30, 2026 (SEC EDGAR)](https://www.sec.gov/Archives/edgar/data/25743/000121390026087768/ea0297949-10q_therapeutics.htm) *The Capitol dome seen from below. Photo: U.S. Department of Homeland Security (Source), CC0, via rawpixel. The picture shows the field, not the companies named.* TherapeuticsMD (Nasdaq: [TXMD](https://aibio.space/companies/therapeuticsmd/)) said in its [10-Q filed August 11, 2026](https://www.sec.gov/Archives/edgar/data/25743/000121390026087768/ea0297949-10q_therapeutics.htm) that its lawsuit against Mayne Pharma LLC in the U.S. District Court for the District of Delaware is stayed while the two sides run a dispute resolution process over net working capital claims. Mayne Pharma has a countersuit pending in the same court against TherapeuticsMD. Separately, TherapeuticsMD is the plaintiff in two patent cases in the U.S. District Court for the District of New Jersey over generic versions of its IMVEXXY drug. The defendants are Mayne Pharma LLC in the Mayne Lawsuit, TherapeuticsMD, Inc. in the Mayne Countersuit, Teva Pharmaceuticals USA, Inc. in the Teva patent case and Sun Pharma Inc. in the Sun patent case. The 10-Q gives no case numbers. ## The case TherapeuticsMD filed the Mayne Lawsuit on April 8, 2025. It seeks damages for breach of contract, breach of the implied covenant of good faith and fair dealing, fraudulent inducement and unjust enrichment tied to Mayne Pharma's actions under the License Agreement and the Transaction Agreement, mainly over net working capital allowances. Those agreements came from the December 30, 2022 transaction in which Mayne Pharma took an exclusive license to IMVEXXY, BIJUVA and prenatal vitamins and bought other assets. TherapeuticsMD seeks money damages for all of Mayne Pharma's profits from what it calls unlawful conduct. Mayne Pharma filed the Mayne Countersuit on May 30, 2025. It seeks damages for breach of contract and fraudulent inducement under the Transaction Agreement and has made indemnification demands that TherapeuticsMD disputes. In the patent cases, TherapeuticsMD alleges infringement after Paragraph IV notice letters. TherapeuticsMD received one about Teva's application in February 2020 and sued in April 2020. Mayne Pharma received one from Sun Pharma in June 2024, and TherapeuticsMD and Mayne Pharma sued Sun Pharma in July 2024. Both generic makers say the IMVEXXY patents are invalid, unenforceable or will not be infringed. ## Defendants Mayne Pharma LLC is a Delaware limited liability company and a subsidiary of Mayne Pharma Group Limited, an Australian public company. Teva Pharmaceuticals USA, Inc. and Sun Pharma Inc. are the generic applicants. TherapeuticsMD's chief executive officer is Marlan D. Walker. ## Where it stands In the Mayne Lawsuit, Mayne Pharma moved to dismiss on July 22, 2025. On March 23, 2026 a magistrate judge recommended granting the motion in part, including on the fraudulent inducement claim with leave to amend, and denying it in part. On May 20, 2026 the court overruled TherapeuticsMD's objections and ordered the parties to submit the net working capital claims to the dispute resolution process in the Transaction Agreement. The case is stayed pending the expert determination. In the Mayne Countersuit, TherapeuticsMD moved on July 28, 2025 to dismiss the fraudulent inducement claim. The magistrate judge recommended granting that and denying the rest. In the Teva case, the court stayed all proceedings in July 2021 and lifted the stay in November 2024. In the Sun case, the litigation has reached claim construction as of June 30, 2026. Mayne Pharma is responsible for enforcing the patents and paying the cost of those cases under the Mayne License Agreement. ## Why it matters to shareholders TherapeuticsMD says it has not accrued any additional liability for Mayne Pharma's allowance calculations or indemnification claims because it cannot reasonably estimate a range of loss. It adds that unresolved working capital items may change amounts owed or due in a way that could be material. It has capitalized $2,334 thousand of legal costs for the IMVEXXY Paragraph IV proceeding, and it says it would expense those costs and any unamortized IMVEXXY patent costs if Mayne Pharma is unsuccessful. The company also lists the outcome of the Mayne Lawsuits among the factors that could leave its cash reserves insufficient, and it says those factors raise substantial doubt about its ability to continue as a going concern. [Report an error](https://aibio.space/reputation/#correction) ## Companies in this story TXMD TherapeuticsMD, Inc. 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Cite as: aibio.space, "TherapeuticsMD's Mayne Pharma suit is stayed", 2026-08-11, https://aibio.space/news/therapeuticsmds-mayne-pharma-suit-stayed-imvexxy-patent-cases-against/