Under the terms of a newly reached settlement, Perrigo and Catalent will be able to market limited quantities of their generic version of Teva’s Proair HFA albuterol MDI starting in December 2016. Beginning in July 2018, the companies will be licensed to market unlimited quantities of the product. No other details of the settlement were disclosed.
Teva had filed suit against Perrigo and Catalent after they filed an ANDA for the inhaler, charging that they infringed its patents 7,105,152, 7,566,445, 6,446,627, and 8,132,712. Expiration dates for those patents range from June 2017 to September 2028.
Perrigo Chairman, President and CEO Joseph C. Papa said, “This product was the result of the continued hard work and dedication of our Perrigo Rx team. This agreement is another example of Perrigo’s investment and commitment to making quality healthcare more affordable for consumers.” The company cited data showing that ProAir HFA sales totaled approximately $1.4 billion over the past year.
According to Teva, “There are currently no additional challenges to the IP for ProAir HFA and no further litigation pending. Teva will continue to vigorously defend its intellectual property rights relating to its products.”
Read the Perrigo press release.
Read the Teva press release.
