India drugmaker Lupin says it has settled all ongoing Hatch-Waxman litigation relating to desloratadine tablets, the generic version of US major Schering-Plough's Clarinex.
Under the terms of the accord, Lupin will be licensed under the relevant desloratadine patents, and free to commercially launch its generic product, on July 1, 2012, or earlier in certain circumstances.
Lupin 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 - resulting in the subsequent litigation by Schering Corp and partner Sepracor.
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