Teva Settles with Patent Litigation with Perrigo, Catalent

Teva Pharmaceutical Industries Ltd. reports it  has reached a settlement with Perrigo Pharmaceutical Co. and Catalent Pharma Solutions LLC with respect to four patents for Teva's ProAir HFA (albuterol sulfate) inhalation aerosol product. This settlement provides a license to Perrigo and Catalent to sell limited units of Perrigo's generic version of the product for an initial period beginning December 19, 2016 and lasting until June 2018, when the limits will no longer apply.

This settlement dismisses pending litigation in the US District Court for the District of Delaware in which Teva filed suit against Perrigo and Catalent in response to a notice of the filing of an abbreviated new drug application containing a paragraph (IV) certification directed against four of the five patents listed in the Orange Book for ProAir  HFA (U.S. Patent 7,105,152, which expires September 12, 2023; 7,566,445, which expires June 4, 2017; 6,446,627, which expires December 18, 2017; and 8,132,712, which expires September 7, 2028.) Additional terms of the settlement are agreed by the parties to remain undisclosed.

There are currently no additional challenges to the IP for ProAir HFA and no further litigation pending. Teva said it will continue to vigorously defend its intellectual property rights relating to its products.

ProAir  HFA is indicated in patients 4 years of age and older for the treatment or prevention of bronchospasm with reversible obstructive airway disease and for the prevention of exercise-induced bronchospasm. 

Source: Teva Pharmaceuticals Industries and Perrigo

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