Scilex Taps Legal Heavyweight to Defend Pain Drug Portfolio

PALO ALTO, CA – January 02, 2026 – Scilex Holding Company, a firm focused on developing non-opioid pain therapies, today announced a significant strategic move, appointing the high-profile litigation firm Kasowitz LLP and its founding partner, Marc Kasowitz, as its new intellectual property and litigation counsel. The decision is being widely interpreted as a signal of the company's aggressive new posture in defending its valuable portfolio of pain management products amid ongoing legal challenges and a fiercely competitive market.

While the appointment of new legal counsel can be a routine corporate matter, Scilex's choice of Kasowitz—a firm renowned for its aggressive trial tactics and handling of high-stakes disputes—suggests a calculated preparation for intensified legal battles. The move comes at a critical juncture for the company as it navigates a crucial patent appeal for one of its primary revenue drivers and seeks to protect a promising pipeline of future therapies.

The Immediate Fight: Defending a Flagship Product

The timing of the announcement is deeply intertwined with Scilex's ongoing legal struggle to protect its flagship product, ZTlido. The lidocaine topical system, approved for nerve pain associated with post-shingles neuralgia, is currently the subject of a high-stakes appeal that could determine its long-term market exclusivity.

In 2022, Scilex initiated a patent infringement lawsuit against Aveva Drug Delivery Systems after Aveva filed for approval of a generic version of ZTlido. However, in a significant setback, the U.S. District Court for the Southern District of Florida ruled in July 2024 that Aveva's proposed generic product did not infringe upon Scilex's patents. Scilex has since appealed this decision to the U.S. Court of Appeals for the Federal Circuit, a specialized court that handles the majority of the nation's patent law appeals.

The company has publicly stated its intent to "vigorously pursue its infringement action on appeal," and bringing in a legal powerhouse like Kasowitz LLP is a clear demonstration of that commitment. The outcome of this appeal is critical for Scilex, as ZTlido is protected by multiple patents, some extending into the next decade. A successful defense would safeguard a key revenue stream, while a loss could open the door to generic competition sooner than anticipated, impacting the company's financial outlook.

A Legal Heavyweight for a High-Stakes Arena

The selection of Marc Kasowitz and his firm is as telling as the timing. Kasowitz is a veteran trial lawyer with a national reputation for leading complex commercial and intellectual property litigation. The firm has a track record of representing major pharmaceutical and technology companies in contentious patent disputes, often in "bet-the-company" scenarios.

Kasowitz LLP's pharmaceutical practice, particularly its experience in Hatch-Waxman litigation, is directly relevant to Scilex's challenges. The firm has successfully defended patents for major drug manufacturers against challenges from generic companies. For instance, Kasowitz LLP notably represented Mallinckrodt, successfully defending the validity of a key patent for its painkiller Opana ER against challenges from generic drug makers. This experience in defending brand-name drugs from generic encroachment is precisely what Scilex requires for its ZTlido appeal and the potential future defense of its other products.

The firm's reputation is built on being trial-ready and aggressive, a strategy that can pressure opponents and signal a client's unwillingness to back down. For Scilex, this sends a strong message to current and future competitors that challenges to its intellectual property will be met with formidable legal force.

Protecting a Pipeline of Future Value

Beyond the immediate battle over ZTlido, the appointment of Kasowitz LLP is a forward-looking move to secure Scilex's future. The company's long-term value is heavily dependent on its development pipeline, which includes several promising non-opioid candidates in late-stage development.

Among these is SEMDEXA (SP-102), a novel gel formulation for treating sciatica, which has already completed a Phase 3 study and received Fast Track status from the FDA. Another key asset is SP-103, a next-generation, triple-strength version of ZTlido being developed for acute low back pain, which is also on a fast track. The company is also advancing SP-104 for fibromyalgia and is seeking to expand the approved uses for its migraine drug, ELYXYB, to include general acute pain.

As these products move closer to potential FDA approval and commercial launch, their associated patents become immensely valuable assets—and prime targets for litigation. By establishing a relationship with a top-tier litigation firm now, Scilex is building a legal fortress around its future revenue streams. The press release noted that the firm would advise on "strategic intellectual property governance," indicating a proactive approach to managing and defending its patent portfolio long before specific challenges arise.

Navigating an Increasingly Competitive Battlefield

The strategic reinforcement of Scilex's legal defenses is also a response to the rapidly evolving and intensely competitive non-opioid pain management market. Driven by the public health imperative to find alternatives to addictive opioids, the sector has seen a surge in innovation and competition.

The recent FDA approval of Vertex Pharmaceuticals' Journavx, a first-in-class painkiller viewed as a potential blockbuster, has raised the stakes for all players in the space. With multiple companies vying for market share with novel therapies, intellectual property has become the central battleground. As Scilex itself noted in its announcement, "Protecting and enforcing our intellectual property portfolio is central to Scilex’s long-term strategy and shareholder value."

The company's recent legal history, which includes not only the ZTlido dispute but also a now-settled patent lawsuit with Takeda Pharmaceuticals over its gout medication Gloperba, underscores the litigious nature of the industry. In this environment, a strong offense and defense in the courtroom are as critical as a successful clinical trial. By enlisting Marc Kasowitz, Scilex is signaling to investors and competitors alike that it is fully prepared to fight for its position in one of modern medicine's most critical and lucrative fields.