Imprimis Pharmaceuticals announced this week an agreement to acquire New Jersey-based compounding pharmacy – Pharmacy Creations LLC. Imprimis, which is a pharmaceutical company focused on the development and commercialization of proprietary compounded drug formulations, has been in the process of seeking out and acquiring compounding pharmacies for the purpose of turning formulas used by compounding pharmacies into finished drug products, available for broad marketing and sale. Imprimis had already acquired Pharmacy Creation’s intellectual property rights for the pharmacy’s ophthalmic formulations, and it is likely that Imprimis now seeks to utilize the pharmacy to conduct further research and data collection as part of its goal to turn compound formulations into finished, FDA-approved drugs.
Imprimis’ actions raise questions regarding the intellectual property “rights” in compound formulations as well as the ability for compounders to continue to mix prescriptions for individual patients, when a finished drug may exist. Compounding pharmacies seeking to continue their use of various formulas must be aware of Imprimis’ actions and be cautious regarding potential intellectual property infringement or violation of FDA rules and regulations.
