Lupin settles Lunesta patent litigation with Dainippon Sumitomo; Par Pharma starts shipping generic Rythmol and Lotrel

5 January 2011

Indian drugmaker Lupin, together with its US subsidiary, Lupin Pharmaceuticals, says it has settled all ongoing litigation over the sedative Lunesta (eszopiclone) tablets, thereby dismissing a patent suit brought by the drug’s manufacturer, Japan’s Dainippon Sumitomo Pharma’s US subsidiary Sunovion Pharmaceuticals.

The settlement entitles Mumbai-based Lupin to sell its generic version of Lunesta under a license as soon as November 30, 2013 (two and a half months prior to the expiry of US Patent 6,444,673). The date would be pushed back to May 31, 2014, if Sunovion obtains six months additional pediatric exclusivity for the product.

US sales of Lunesta were $787 million in the 12 months ended September 2010, according to IMS Health data quoted by the drugmaker.

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