Last Updated: September 24, 2026

FOSCARNET SODIUM Drug Patent Profile


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DrugPatentWatch® Litigation and Generic Entry Outlook for Foscarnet Sodium

A generic version of FOSCARNET SODIUM was approved as foscarnet sodium by FRESENIUS KABI USA on January 29th, 2021.

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The Affiliated Hospital of Qingdao UniversityPHASE4
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US Patents and Regulatory Information for FOSCARNET SODIUM

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Exclusivity Expiration
Amneal FOSCARNET SODIUM foscarnet sodium SOLUTION;INTRAVENOUS 216602-001 Mar 1, 2024 AP RX No No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Hospira FOSCARNET SODIUM foscarnet sodium SOLUTION;INTRAVENOUS 077174-002 May 31, 2005 DISCN No No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Fresenius Kabi Usa FOSCARNET SODIUM foscarnet sodium SOLUTION;INTRAVENOUS 212483-001 Jan 29, 2021 AP RX No No ⤷  Start Trial ⤷  Start Trial ⤷  Start Trial
Sciecure FOSCARNET SODIUM foscarnet sodium SOLUTION;INTRAVENOUS 213987-001 Nov 29, 2023 AP RX No No ⤷  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

Foscarnet Sodium Market Dynamics and Financial Trajectory

Last updated: August 28, 2026

Foscarnet sodium is a mature, hospital-administered antiviral with a narrow but durable market. Its principal uses are treatment of acyclovir-resistant mucocutaneous herpes simplex virus infections and cytomegalovirus retinitis in patients with AIDS. The product has no meaningful remaining regulatory exclusivity, no biologic or biosimilar exposure, and limited patent-based protection. Commercial value depends on clinical necessity, hospital stocking, supply reliability, and specialist demand rather than market expansion.

Standalone revenue for foscarnet sodium is not publicly reported by major manufacturers. The financial trajectory is therefore best assessed through product status, patient demand, generic competition, supply conditions, and the economics of a low-volume injectable.

What is foscarnet sodium used for?

Foscarnet sodium is the injectable sodium salt of foscarnet, a pyrophosphate analogue that directly inhibits viral DNA polymerase and HIV reverse transcriptase. It does not require activation by viral thymidine kinase, which distinguishes it from acyclovir and supports its use against acyclovir-resistant herpes simplex virus.

The FDA-approved Foscavir label identifies two principal indications:

  • Treatment of cytomegalovirus retinitis in patients with acquired immunodeficiency syndrome.
  • Treatment of acyclovir-resistant mucocutaneous herpes simplex virus infections in immunocompromised patients.[1]

Foscarnet is administered intravenously. Its use is constrained by nephrotoxicity, electrolyte abnormalities, seizures, and the need for renal-dose adjustment and laboratory monitoring.[1] These safety and administration requirements limit outpatient substitution and support continued use in hospitals and specialist settings.

Which patients generate demand for foscarnet sodium?

Demand comes primarily from immunocompromised patients, including those with:

  • Advanced HIV infection.
  • Hematopoietic stem-cell transplants.
  • Solid-organ transplants.
  • Hematologic malignancies.
  • Severe immunosuppression associated with refractory herpesvirus infection.

The HIV-related CMV retinitis market has contracted substantially since the introduction of combination antiretroviral therapy. Current demand is more concentrated in transplant medicine, hematology, oncology, and cases involving antiviral resistance.

What is the FDA regulatory status of foscarnet sodium?

Foscarnet sodium is an established FDA-approved small-molecule injectable. The reference product, Foscavir, received FDA approval in 1991 under NDA 020068.[2]

Regulatory item Status
Active ingredient Foscarnet sodium
Reference brand Foscavir
FDA dosage form Intravenous injection
Original FDA approval 1991
Primary indications CMV retinitis; acyclovir-resistant mucocutaneous HSV
Regulatory pathway Full NDA for reference product; ANDA pathway for generics
Biologic status Not a biologic
Biosimilar pathway Not applicable
Pediatric exclusivity No current relevance
Orphan-drug exclusivity No current market exclusivity identified
Current commercial position Mature brand and generic injectable market

The original approval period and any associated regulatory exclusivities expired decades ago. Foscarnet is therefore exposed to generic competition and lacks the exclusivity mechanisms that support current high-growth specialty medicines.

What is the Orange Book status of foscarnet sodium?

Foscarnet sodium has no commercially meaningful remaining Orange Book patent protection associated with the original product. The FDA Orange Book is relevant to approved drug products, listed patents, and generic certification activity, but it does not create protection where the reference product has no live qualifying patents.[3]

The commercial implications are direct:

  1. A generic manufacturer can rely on the reference product's approval through the abbreviated new drug application pathway.
  2. A Paragraph IV challenge has limited practical relevance unless a later-listed patent exists.
  3. The reference brand cannot rely on patent litigation to preserve market exclusivity.
  4. Market access depends more heavily on manufacturing economics and supply continuity.

What patents protect foscarnet sodium?

The foundational compound and product patents associated with foscarnet sodium are expired. No current patent estate is known to protect the basic intravenous foscarnet sodium product in the United States.

Potentially relevant patent categories would include:

  • New dosing regimens.
  • Renal-protective administration protocols.
  • Alternative formulations.
  • Premixed bags or ready-to-use systems.
  • Combination therapy.
  • New antiviral indications.
  • Manufacturing or purification processes.

These categories have not created a material, commercially recognized exclusivity position for the established intravenous product.

When does foscarnet sodium lose exclusivity?

Foscarnet sodium lost practical exclusivity long before the current market period. The reference product's 1991 FDA approval means that any original small-molecule patent and regulatory exclusivity have expired. The product is now a mature generic injectable.

No current U.S. exclusivity date materially delays generic entry. The relevant commercial question is not when exclusivity ends, but whether generic manufacturers can profitably maintain supply despite low volume, complicated handling, and limited demand.

How many companies market foscarnet sodium?

The U.S. market has historically included the branded Foscavir product and one or more generic suppliers. Exact active-supplier counts can change because manufacturers may discontinue products, transfer applications, or experience temporary shortages.

Clinigen has been associated with commercial distribution of Foscavir in the United States. Generic injectable competition has involved established hospital-drug manufacturers and contract manufacturing networks. FDA Drugs@FDA and DailyMed records should be used to distinguish an approved product from an actively marketed product, because an approved ANDA does not always represent current commercial supply.[2,4]

Why is generic competition limited despite expired patents?

Foscarnet sodium has characteristics that can discourage broad generic participation:

  • Small patient population.
  • Low and irregular order volumes.
  • Intravenous manufacturing requirements.
  • Need for specialized container and compatibility controls.
  • Sterility and stability obligations.
  • High clinical consequences from supply interruption.
  • Limited ability to increase demand through primary-care prescribing.
  • Working-capital requirements for hospital inventory.

These factors create a market with low patent barriers but meaningful operational barriers. A generic entrant can obtain regulatory approval yet still face unattractive commercial returns.

What formulations are protected by foscarnet patents?

The commercially important formulation is an aqueous intravenous injection. The Foscavir label specifies a concentrated solution that requires administration through an infusion system and careful attention to hydration, renal function, and electrolyte monitoring.[1]

No widely recognized, active U.S. formulation patent currently protects the standard foscarnet sodium injection. A future commercial opportunity could involve:

  • Ready-to-administer premixed bags.
  • Lower-volume infusion presentations.
  • Improved stability at room temperature.
  • Closed-system delivery.
  • Formulations that reduce infusion time.
  • Packaging designed to reduce pharmacy compounding requirements.

A new formulation would need to demonstrate a commercial benefit sufficient to justify development, regulatory filing, manufacturing validation, and hospital conversion costs. For a small market, incremental formulation development is unlikely to support a large investment without premium pricing or supply differentiation.

What is the market size for foscarnet sodium?

A reliable global market-size figure is not publicly available because manufacturers do not separately report foscarnet revenue and syndicated market reports often combine it with broader antiviral or hospital-injectable categories.

The market is best characterized as:

  • Specialty hospital product.
  • Low-volume injectable.
  • Mature or declining in HIV-related use.
  • Stable to selectively growing in transplant and oncology use.
  • Highly concentrated by geography and institutional account.
  • Sensitive to shortages and supplier exits.

Demand is structurally lower than for acyclovir, valacyclovir, ganciclovir, valganciclovir, or newer CMV therapies. Foscarnet remains clinically relevant because resistant infections can leave physicians with few alternatives.

How does foscarnet compare with competing antivirals?

Drug Primary role Administration Key commercial advantage Key limitation
Foscarnet sodium Resistant HSV; CMV retinitis IV Activity without viral thymidine-kinase activation Nephrotoxicity and monitoring burden
Acyclovir HSV and VZV Oral or IV Broad use and low cost Resistance in immunocompromised patients
Valacyclovir Oral HSV and VZV Oral Convenience and large installed base Limited utility in resistant disease
Ganciclovir CMV IV or other formulations Established CMV activity Myelosuppression and administration burden
Valganciclovir CMV Oral Oral administration Resistance, cytopenias, and renal dosing
Cidofovir Resistant CMV and other viral infections IV Alternative for selected resistant infections Nephrotoxicity and limited use
Maribavir Refractory or resistant CMV after transplant Oral Oral therapy and different mechanism Higher-cost branded specialty therapy

Foscarnet's economic position is strongest when resistance or treatment failure eliminates lower-cost oral therapies. Its position is weakest when clinicians can use oral valganciclovir, valacyclovir, or other less toxic treatments.

What is the financial trajectory for foscarnet sodium?

The product's revenue trajectory is mature, niche, and likely uneven rather than high-growth. Public companies associated with foscarnet have not generally disclosed product-level sales sufficient to construct a standalone historical revenue series. The commercial pattern can be summarized as follows:

Period Market condition Financial implication
1990s CMV retinitis demand was supported by AIDS-related use Higher disease burden and broader clinical demand
2000s Antiretroviral therapy reduced CMV retinitis incidence Structural decline in the largest historical indication
2010s Transplant and resistant-infection use remained Smaller but persistent specialist demand
2020s Mature generic market with supply sensitivity Revenue depends on availability, contracting, and shortages

Unit volumes are likely limited, but realized revenue per unit can remain meaningful because the product is used in acute hospital care and has few substitutes for resistant infection. That does not make the market large. It means the product can be commercially valuable relative to its volume when supply is constrained.

What drives foscarnet sodium pricing?

Pricing is shaped by:

  • Generic supplier count.
  • Hospital and group-purchasing contracts.
  • Temporary shortages.
  • Cost of sterile injectable production.
  • Product concentration and package configuration.
  • Emergency procurement by hospitals.
  • Availability of alternative antivirals.
  • Formulary positioning.
  • Distribution and cold-chain or storage requirements, where applicable.

The brand may retain a price premium in accounts that value continuity, established labeling, or direct supply arrangements. Generic products generally exert downward pressure, but price competition can weaken when only one or two suppliers remain active.

Are there foscarnet sodium shortages?

Foscarnet has a shortage-sensitive supply profile because demand is small and production is specialized. FDA shortage records and manufacturer notices should be monitored for current availability.[5]

A shortage can materially alter market dynamics:

  • Hospitals may preserve inventory for resistant infections.
  • Buyers may accept higher prices from alternate suppliers.
  • Generic manufacturers can gain temporary share.
  • Brand products may retain accounts despite price differentials.
  • Treatment decisions may shift toward cidofovir, maribavir, ganciclovir, or intensified monitoring of alternative regimens.

A shortage does not automatically create durable pricing power. It can also reduce revenue if the manufacturer cannot fulfill orders or if hospitals switch permanently to another therapy.

Which companies are challenging foscarnet sodium?

The principal competitive threat is generic substitution, not a branded Paragraph IV campaign. Because the underlying product is old and lacks meaningful current patent protection, a challenger can pursue an ANDA without confronting a substantial patent barrier.

Competitive entry is more likely from:

  • Established sterile-injectable manufacturers.
  • Hospital-drug suppliers.
  • Contract manufacturers with validated aseptic capacity.
  • Firms pursuing portfolio additions in anti-infective injectables.

The main barriers are commercial scale and manufacturing economics. A new entrant must secure hospital contracts and maintain reliable supply in a market where annual demand may not justify large production runs.

What litigation and settlement agreements affect foscarnet sodium?

No major current U.S. patent litigation or settlement agreement is central to foscarnet sodium's commercial outlook. The product's market position is not controlled by an active patent dispute comparable to newer branded medicines.

Potential disputes would more likely concern:

  • ANDA approval or product labeling.
  • Manufacturing quality.
  • Supply contracts.
  • Distribution rights.
  • Product liability.
  • Regulatory compliance.
  • Shortage-related procurement.

The absence of a major patent case removes litigation-based delay as a meaningful generic-entry risk.

What generic launch scenarios exist for foscarnet sodium?

Three scenarios are commercially relevant.

Stable multi-supplier market

Several suppliers remain active. Hospitals obtain competitive pricing, brand share declines, and total market revenue remains modest. This is the baseline outcome for a mature injectable with no patent protection.

Single-supplier or constrained-supply market

One manufacturer exits or experiences a manufacturing interruption. The remaining supplier gains volume and pricing leverage. Revenue may rise temporarily, but the market becomes more exposed to regulatory or production disruption.

New differentiated presentation

A manufacturer introduces a premixed or operationally simpler formulation. The product could obtain hospital preference through reduced pharmacy workload and lower administration complexity. The opportunity would depend on clinical equivalence, pricing, and the ability to justify conversion from existing products.

What is the geographic coverage of foscarnet sodium?

Foscarnet is most commercially relevant in the United States, Europe, Japan, and other markets with established transplant programs, advanced HIV care, and access to specialist infectious-disease services.

Geographic revenue differences reflect:

  • Transplant volumes.
  • HIV treatment infrastructure.
  • Local generic manufacturing.
  • National reimbursement.
  • Hospital procurement systems.
  • Regulatory approval of alternative antivirals.
  • Availability of cidofovir, maribavir, and ganciclovir products.

The United States has a relatively visible branded and generic market because of FDA product databases, Orange Book records, and hospital purchasing channels. International markets may have multiple local suppliers and less transparent product-level revenue reporting.

How strong is the foscarnet sodium patent estate?

The patent estate is weak from a market-exclusivity perspective. The core product is old, generic competition is legally available, and no active patent portfolio is widely associated with the standard intravenous formulation.

Its commercial defensibility comes from factors outside patent law:

  • Clinical familiarity.
  • Use in high-acuity resistant infections.
  • Hospital stocking requirements.
  • Manufacturing expertise.
  • Regulatory history.
  • Supplier reliability.
  • Switching friction during shortages.

For licensing or investment purposes, foscarnet is better analyzed as a supply-constrained mature product than as a patent-protected asset.

Key Takeaways

  • Foscarnet sodium is a mature intravenous antiviral used mainly for resistant HSV and CMV infections.
  • The product has no meaningful remaining regulatory exclusivity or core patent protection.
  • Biosimilar risk does not apply because foscarnet is a small-molecule drug.
  • Generic competition is legally open but operationally limited by sterile manufacturing and low demand.
  • HIV-related demand has declined, while transplant, oncology, and resistant-infection use supports a durable niche.
  • Standalone revenue is not publicly disclosed, preventing a reliable product-level financial forecast.
  • The most important commercial variables are supplier count, manufacturing continuity, hospital contracts, and shortages.
  • Patent litigation and Paragraph IV settlements are not central to the current market.
  • A differentiated formulation could create commercial value, but the addressable market remains narrow.
  • Foscarnet's strategic value lies in clinical necessity and supply reliability, not intellectual-property exclusivity.

FAQs

Is foscarnet sodium still commercially important?

Yes, but only within a narrow specialist market. It remains important for acyclovir-resistant HSV and selected resistant CMV infections where alternatives are limited.

Can a generic manufacturer launch foscarnet sodium without a patent settlement?

Yes. The core product has no meaningful current patent barrier, so a manufacturer can pursue the ANDA pathway without relying on a brand settlement to delay entry.

Is foscarnet sodium covered by orphan-drug exclusivity?

No current orphan exclusivity materially protects the established product. Any historical regulatory protection has expired.

Does maribavir replace foscarnet sodium?

No. Maribavir expands oral treatment options for refractory or resistant CMV after transplant, but it does not eliminate the role of intravenous foscarnet in all resistant herpesvirus cases.

What is the most valuable commercial improvement for foscarnet sodium?

Reliable supply or a formulation that reduces pharmacy preparation and infusion burden would likely create more value than a new patent on the legacy injection itself.

References

  1. U.S. Food and Drug Administration. (2023). Foscavir (foscarnet sodium) injection prescribing information.
  2. U.S. Food and Drug Administration. (n.d.). Drugs@FDA: Foscavir, NDA 020068.
  3. U.S. Food and Drug Administration. (n.d.). Approved drug products with therapeutic equivalence evaluations: Orange Book.
  4. National Library of Medicine. (n.d.). DailyMed: Foscarnet sodium injection.
  5. U.S. Food and Drug Administration. (n.d.). Drug shortages: Foscarnet sodium injection.

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