GeoPharma settles Clarinex litigation with S-P et al

26 January 2009

US firm GeoPharma says that it has reached agreement with Schering Corp, Sepracor and the University of Massachusetts (collectively Sepracor)  settling all Hatch-Waxman litigation relating to desloratadine  (Schering-Plough's branded Clarinex) 5mg tablets, with the company  receiving a license under all relevant patents.

The accord provides for potential modification of select terms based on  certain events and developments. The specific financial terms and  conditions of the deal, which is subject to review by the US Federal  Trade Commission and Department of Justice, have not been disclosed.

GeoPharma had earlier filed a Paragraph IV certification to, among  others, US patent nos 6,100,274, 7,214,683 and 7,214,684, contesting  that these patents were either invalid or had not been infringed upon,  which resulted in the subsequent litigation by Schering and Sepracor.

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