aibioXeris sues Torrent, Rising and others in New Jersey over generic Keveyis patent
Tickers XERS
Xeris Biopharma's subsidiary filed two patent infringement suits on October 13 after a new Keveyis patent was granted. The 8-K names seven defendants.
Key facts
- Company
- Xeris Biopharma Holdings, Inc. (NASDAQ: XERS)
- News type
- Legal
- Primary source
- Xeris Biopharma Holdings 8-K (SEC EDGAR)
Xeris Biopharma Holdings, Inc. (XERS) said in an 8-K filed October 14 that its wholly owned subsidiary, Xeris Pharmaceuticals, Inc., filed two patent infringement suits on October 13, 2026 in the U.S. District Court for the District of New Jersey. The first names Torrent Pharma Inc., Torrent Pharmaceuticals Limited, Cycle Pharmaceuticals Limited, Lemed Pharmacy III, LLC and Lemed Specialty Pharmacy Arizona, LLC as defendants. The second names Rising Pharma Holdings, Inc. and Rising Pharma Specialties Pvt. Ltd. as defendants, in a separate action. The 8-K gives no case numbers.
What the suits target
The suits follow the grant of U.S. Patent No. 12,758,502 (the '502 patent), which relates to Xeris's KEVEYIS (dichlorphenamide) product. The complaints allege that each defendant will infringe the '502 patent by making, using, selling, offering for sale or importing its generic dichlorphenamide products. Xeris is seeking a judgment of infringement, an injunction against further infringement, monetary damages, enhanced damages where the law allows them, attorneys' fees and costs.
These are the company's allegations. The 8-K does not say whether any defendant has responded and reports no court ruling on the claims.
The 10-K describes KEVEYIS as the first therapy approved in the United States to treat hyperkalemic, hypokalemic and related variants of primary periodic paralysis, a rare genetic neuromuscular disorder that can cause extreme muscle weakness or paralysis. The company gives its U.S. total addressable market for the drug as greater than $0.5 billion, a figure it estimates itself. The 8-K does not say how the new patent fits with any existing exclusivity on Keveyis.
The business and the pipeline
Xeris calls itself a commercial-stage biopharmaceutical company focused on chronic endocrine and neurological diseases in the United States. It sells three products: Recorlev for Cushing's syndrome, Gvoke for severe hypoglycemia, and KEVEYIS. The 10-K says Recorlev has orphan drug exclusivity through December 30, 2028 and patent protection through 2040. The same section says Recorlev competes mainly with older generic drugs used off-label. Gvoke has been available since late 2019, and the company estimates that more than 14 million people in the United States are at heightened risk of severe hypoglycemia. The 10-K puts Gvoke's U.S. addressable market at approximately $5.0 billion, also a company estimate.
The lead pipeline product is XP-8121, a once-weekly subcutaneous levothyroxine that the company says would be the first and only such injection for hypothyroidism. The 10-K says Xeris plans to start a Phase 3 trial in 2026 and puts the peak net sales opportunity at $1.0 to $3.0 billion, a company estimate. Xeris calls the program Phase 3-ready, so that trial has not yet started. The suits concern KEVEYIS and do not involve that program.
Money
The 10-K reports research and development expense of $31.2 million for 2025, up from $25.6 million in 2024. It reports net income of $554,000 for 2025, after a net loss of $54.8 million in 2024. Cash provided by operations was $28.6 million in 2025, against cash used in operations of $37.0 million a year earlier. Cash and cash equivalents stood at $121.7 million at June 30, 2026, according to a 10-Q.
The 2025 profit is small, and the 8-K does not say how much of the company's revenue depends on KEVEYIS. The company's stated strategy is to build a profitable biopharmaceutical company through the continued growth of those three products. The 8-K gives no timeline for the cases.