Anglo-Swedish drug major AstraZeneca has entered into an agreement with Israel-based generics giant Teva Pharmaceutical Industries and its affiliates to settle patent litigation regarding Teva's proposed generic version of the UK-based firm's blockbuster gastrointestinal drug Nexium (esomeprazole) delayed-release capsules, which generated global sales of $3.7 billion in the nine months to September 2009.
As part of the settlement, AstraZeneca has granted Teva a license to enter the US market with its generic esomeprazole on May 27, 2014, subject to regulatory approval, or earlier in certain circumstances. Teva has conceded that all patents-at-issue in Teva's US Nexium patent litigations are valid and enforceable. The Israeli firm has also conceded that six Nexium patents would be infringed by the manufacture or sale of its US generic esomeprazole.
The agreement has halted a court case brought by Teva against AstraZeneca, which was due to start this month. The US District Court for the District of New Jersey will now enter a Consent Judgment and corresponding Nexium patent litigations will be dismissed.
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