04:53 AM EST, 12/04/2024 (MT Newswires) -- (Updates with the stock move in the headline and the first paragraph.)

Heron Therapeutics ( HRTX ) shares surged 82% in premarket activity Wednesday after the company said overnight it won a patent dispute over its Cinvanti injectable emulsion against Fresenius Kabi USA.

The US District Court for the District of Delaware ruled that Heron's US patents, which expire in 2035, are valid and would be infringed by Fresenius' proposed generic product, Heron said Tuesday in a statement.

Following the court decision, Heron said it would seek a court order prohibiting Fresenius from launching its generic Cinvanti until Heron's patents expire.

The court decision is subject to appeal, Heron said.

Fresenius didn't immediately reply to a request for comment from MT Newswires.