Last Updated: June 9, 2026

NUVIGIL Drug Patent Profile


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When do Nuvigil patents expire, and when can generic versions of Nuvigil launch?

Nuvigil is a drug marketed by Nuvo Pharms and is included in one NDA.

The generic ingredient in NUVIGIL is armodafinil. There are twelve drug master file entries for this compound. Fourteen suppliers are listed for this compound. Additional details are available on the armodafinil profile page.

DrugPatentWatch® Litigation and Generic Entry Outlook for Nuvigil

A generic version of NUVIGIL was approved as armodafinil by MYLAN PHARMS INC on June 1st, 2012.

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Recent Clinical Trials for NUVIGIL

Identify potential brand extensions & 505(b)(2) entrants

SponsorPhase
University of FloridaPhase 1
University of PennsylvaniaN/A
Teva Pharmaceutical Industries, Ltd.N/A

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Paragraph IV (Patent) Challenges for NUVIGIL
Tradename Dosage Ingredient Strength NDA ANDAs Submitted Submissiondate
NUVIGIL Tablets armodafinil 100 mg 021875 1 2009-09-08
NUVIGIL Tablets armodafinil 200 mg 021875 1 2009-09-03
NUVIGIL Tablets armodafinil 50 mg, 150 mg and 250 mg 021875 1 2009-07-24

US Patents and Regulatory Information for NUVIGIL

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Exclusivity Expiration
Nuvo Pharms NUVIGIL armodafinil TABLET;ORAL 021875-001 Jun 15, 2007 AB RX Yes No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Nuvo Pharms NUVIGIL armodafinil TABLET;ORAL 021875-005 Mar 26, 2009 AB RX Yes No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Nuvo Pharms NUVIGIL armodafinil TABLET;ORAL 021875-002 Mar 26, 2009 DISCN Yes No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Nuvo Pharms NUVIGIL armodafinil TABLET;ORAL 021875-003 Jun 15, 2007 AB RX Yes No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Nuvo Pharms NUVIGIL armodafinil TABLET;ORAL 021875-004 Jun 15, 2007 AB RX Yes Yes ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Exclusivity Expiration

International Patents for NUVIGIL

See the table below for patents covering NUVIGIL around the world.

Country Patent Number Title Estimated Expiration
Japan 4443119 ⤷  Start Trial
Australia 729586 ⤷  Start Trial
European Patent Office 2343275 Forme cristalline des énantiomères optiques du modafinil. (Crystalline form of the optical enantiomers of modafinil) ⤷  Start Trial
France 2593809 BENZHYDRYLSULFINYLACETAMIDE, PROCEDE DE PREPARATION ET UTILISATION EN THERAPEUTIQUE ⤷  Start Trial
Hong Kong 1158171 CRYSTALLINE FORM OF THE OPTICAL ENANTIOMERS OF MODAFINIL ⤷  Start Trial
Slovenia 1556026 ⤷  Start Trial
South Korea 20050053648 ⤷  Start Trial
>Country >Patent Number >Title >Estimated Expiration
Last updated: May 15, 2026

NUVIGIL (armodafinil) Market Dynamics and Financial Trajectory: Exclusivity, Competition, Revenue Exposure, and Key Drivers

NUVIGIL (armodafinil) is a wake-promoting agent marketed for excessive sleepiness associated with obstructive sleep apnea (OSA), narcolepsy, and shift work sleep disorder (SWSD). In the US, NUVIGIL operates in a post–composition-of-matter generic environment where pricing pressure is the dominant market dynamic. Financial trajectory is therefore governed less by upcoming exclusivity and more by (1) generic entry timing and market share erosion, (2) payer formularies and step therapy, (3) supply stability from multiple generic manufacturers, and (4) channel mix between brand and generic.

The core business reality: armofdinil’s near-term revenue outlook depends on preventing further share loss to generics and protecting premium reimbursement where NUVIGIL has formulary access, not on new regulatory exclusivity.

Baseline product and indication coverage

  • Brand: NUVIGIL
  • Active ingredient: armodafinil
  • FDA-approved indications:
    • Excessive sleepiness in obstructive sleep apnea (as adjunct to treatment)
    • Narcolepsy
    • Excessive sleepiness in shift work sleep disorder

Commercial model: branded premium under generic competition

  • NUVIGIL’s economics follow a classic “brand premium then compression” profile once authorized generics and/or multiple ANDA entrants expand.
  • Market share tends to concentrate with a small set of highest-availability generic SKUs after supply bottlenecks normalize.
  • Pricing is strongly payer-dependent: commercial formularies that prefer generic “without restriction” drive fastest brand erosion; plans that maintain “brand-only” or “brand-preferred with prior auth” slow the decline.

What market dynamics affect NUVIGIL sales most after generic entry?

How generic substitution changes revenue slope

Post-ANDA entry, NUVIGIL revenue typically declines through:

  • Loss of pharmacy transactions as net pricing collapses or formulary tiering shifts
  • Reduced utilization from prescribers who switch after payer coverage changes
  • Higher rebates and access contracting costs to hold accounts

Key mechanisms:

  • Pharmacy benefit manager (PBM) formulary management: preferred generic status increases switch rates.
  • Step therapy and prior authorization: brand access requires documentation of failure or intolerance to modafinil and/or generic armodafinil where plan policies allow.
  • Margin compression: even when NUVIGIL retains some formulary access, brand net price declines under competing contracted benchmarks.

What drives pricing power when NUVIGIL still has coverage?

  • Limited-channel supply interruptions for generics can temporarily preserve brand share.
  • Formulary contracts can protect brand positioning in high-value accounts.
  • Patient persistence: some patients continue armodafinil rather than switch, but this effect wanes as generic adoption becomes routine.

Which competitors are most relevant to NUVIGIL demand?

  • Generic armodafinil (multiple ANDA products across strengths and package sizes)
  • Modafinil products (including generics and branded modafinil) in wakefulness indications, influencing plan-level substitution decisions

When does NUVIGIL lose exclusivity and what does that imply for revenue?

US exclusivity and patent logic: why timing matters less than generic coexistence

NUVIGIL’s long-run commercial trajectory is dominated by the generic patent estate’s earlier expiry outcomes and the resulting ANDA approvals. After that phase, incremental events that can move sales are usually:

  • Additional ANDA approvals expanding competition
  • Authorized generic or lower-cost entrants increasing price competition
  • Litigation settlements that accelerate generic launch dates

Because the drug’s patent-exclusivity stage is already in the “generic coexistence” commercial phase, the practical question for investors and business teams is not “what is the next patent expiry,” but “how many competitors remain, how differentiated is availability, and how aggressively are PBMs driving substitution.”

Revenue implication

  • Once multiple generic SKUs compete, the revenue curve typically transitions from sharp decline (entry shock) to gradual erosion (share stabilization at low brand levels) unless there are supply issues or payer shifts back toward brand.

How many patents protect NUVIGIL in the US and how strong is the patent estate?

Patent estate structure that usually matters for NUVIGIL economics

For small-molecule wake agents like armodafinil, patent estates often split into:

  • Composition-of-matter (core protection)
  • Crystalline form or polymorph-specific protections (when applicable)
  • Formulation and dosage form patents (excipients, coatings, controlled release)
  • Method-of-use patents tied to indications or specific dosing
  • Process/manufacturing patents

In the generic era, the effective strength is measured by:

  • Remaining enforceable patents listed in FDA’s Orange Book for the reference listed drug (RLD)
  • Whether those patents have been successfully challenged via Paragraph IV ANDAs
  • Whether any settlements introduced launch barriers

Business relevance

For commercial planning, the patent estate’s “strength” translates into:

  • The likelihood of additional delayed or redesigned launches
  • The probability that a competitor can market a copy without litigation exposure
  • The risk that a new entrant can undercut contracted pricing

What is the Orange Book status of NUVIGIL and which filings drive generic entry risk?

Orange Book mechanics that affect competition

  • ANDAs referencing NUVIGIL list certification to Orange Book patents (Paragraph I-IV depending on patent status).
  • Paragraph IV certifications are the key trigger for patent litigation and potential settlement-driven launch calendars.
  • Orange Book visibility also shapes PBM leverage: plans anticipate when “priced-to-win” generics arrive and adjust tiering early.

Practical business indicators

  • Number of ANDA approvals for armodafinil across strengths
  • Date of first generic commercial marketing vs. FDA approval date
  • Settlement patterns: “carve-out” launch dates, delayed launch, or partial exclusivity windows

What patent litigation and settlements affect NUVIGIL generic timing?

Litigation patterns that change the commercial calendar

Armofdinil’s generic timeline would be affected by:

  • Paragraph IV case outcomes where courts or settlements allow earlier-than-originally-blocked marketing
  • Stipulated dismissals that accelerate launch
  • Settlement agreements that delay or limit certain strengths, package forms, or labeling

Revenue impact pathway

  • Court-driven delays can preserve brand premium for additional quarters.
  • Settlement-driven early launches can compress revenue faster than expected.

What is the financial trajectory of NUVIGIL sales versus generics?

Typical brand vs. generic financial pattern in wake-promoting agents

For armodafinil, a consistent industry pattern after multi-entrant genericization includes:

  • Brand net sales decline driven by formulary substitution and reduced pharmacy volume
  • Generic market share growth across retail and mail channels
  • Increased price competition and rebate intensity among remaining brand-access contracts
  • Higher volatility tied to generic supply and wholesaler inventories

Key drivers of variance quarter-to-quarter

  • Generic stock availability (brand share rises when generics are temporarily constrained)
  • PBM contract renewals
  • Changes in utilization management (prior auth criteria, step edits)
  • Drug channel inventory dynamics ahead of anticipated competitor launches

How does NUVIGIL compare with Provigil (modafinil) in market dynamics?

Demand substitution between modafinil and armodafinil

  • Both are wake-promoting agents used for similar clinical profiles.
  • Plan formularies may treat them as therapeutically substitutable, or they may keep one preferred based on rebates.

Commercial consequences

  • If modafinil has a lower-priced generic at scale in a given PBM, armodafinil brand penetration typically declines unless it is contractually protected.
  • Conversely, if armodafinil generics are constrained, armodafinil brand access can improve even when modafinil prices are competitive.

Comparison lens for business

  • Track plan-level preferred agent status by PBM
  • Compare net price trajectories and utilization management over time
  • Monitor which molecule has the broadest generic availability by strength and dosage form

What generic entry risks exist for NUVIGIL?

Immediate risk categories

  1. Additional ANDA launches that expand SKU breadth and reduce generic shortages
  2. Price undercutting as new entrants gain market share
  3. Potential supply chain disruptions at generic manufacturers that alter availability and temporarily shift share back to brand
  4. Labeling carve-outs or exclusivity effects tied to specific patents or method-of-use coverage (if still relevant)

Barriers that can still matter even after genericization

  • Manufacturing/IP barriers: if remaining process patents constrain efficient manufacturing or create quality disputes, some supply gaps can persist.
  • Regulatory approvals: new entrants may face approval delays due to facility or bioequivalence constraints.
  • Contractual retention: some payers maintain brand coverage due to patient stability or administrative inertia.

What regulatory and reimbursement dynamics affect NUVIGIL profitability?

FDA pathway considerations that matter commercially

NUVIGIL is an established NDA product. In current market conditions, the FDA pathway is mainly relevant as a pipeline of ANDA approvals that:

  • Add competitors
  • Expand coverage breadth in retail and institutional formularies

Reimbursement dynamics

  • Medicare Part D plans and Medicaid formularies drive a large share of generic substitution.
  • Prior authorization reduces branded transactions when generic coverage is broad.
  • Step therapy can require trial of modafinil or generic armodafinil before brand approval.

Key takeaways on NUVIGIL’s market trajectory

  • NUVIGIL’s dominant market dynamic is pricing and share erosion from generic armodafinil and therapeutic alternatives such as modafinil.
  • Exclusivity milestones are already mostly “baked in” commercially; near-term movement is more likely from generic launch calendar changes, supply stability, and PBM formulary actions.
  • The practical revenue driver is not a single patent expiry event, but the number of active generic SKUs, their availability, and the strength of NUVIGIL’s remaining payer access.
  • Financial trajectory should be modeled as a “brand premium under generic coexistence” profile with volatility tied to supply and reimbursement management.

FAQs

1) What are NUVIGIL’s approved indications in the US?

NUVIGIL is approved for excessive sleepiness in obstructive sleep apnea (as adjunct to treatment), narcolepsy, and shift work sleep disorder.

2) Does NUVIGIL face biosimilar competition?

No. NUVIGIL is a small molecule drug and does not have biosimilar competition.

3) What usually happens to brand revenues after multiple armodafinil generics launch?

Brand revenues typically decline due to formulary substitution, net price compression, and reduced brand transaction volume, stabilizing at a low level where some payer restrictions or patient persistence remain.

4) How do PBM formularies typically decide between armodafinil and modafinil?

Plans weigh negotiated pricing, rebate structures, and coverage policies; when one molecule is preferred with broad generic coverage, the other typically loses utilization.

5) What events most often move NUVIGIL sales in a quarter?

Generic supply disruptions, PBM contract updates, utilization management changes (prior auth and step edits), and any additional generic SKU launches.


References

  1. U.S. Food and Drug Administration. Orange Book: Approved Drug Products with Therapeutic Equivalence Evaluations. (Accessed 2026-05-15). https://www.accessdata.fda.gov/scripts/cder/daf/index.cfm
  2. FDA. Drug Approval Reports: NUVIGIL (armodafinil). (Accessed 2026-05-15). https://www.fda.gov/drugs/drug-approvals-and-databases/drug-approval-reports
  3. FDA. Drugs@FDA: NUVIGIL (armodafinil). (Accessed 2026-05-15). https://www.accessdata.fda.gov/scripts/cder/daf/index.cfm

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