Takeda enters settlement with Watson over Actos patent challenge; pays milestone in Affymax deal

11 March 2010

In what is another deal that is designed to delay the entry of a copy drug on to the US market, Watson Pharmaceuticals says that it has reached a settlement agreement with Japan's largest drugmaker Takeda, and its US subsidiary Takeda Pharmaceuticals North America, resolving outstanding patent litigation related to Watson's generic equivalent version of the type 2 diabetes drug Actos (pioglitazone) 15mg, 30mg and 45mg tablets.

Deals of this nature, dubbed 'pay-to-delay' or 'sweetheart' accords, are the subject of scrutiny in both the USA and Europe, where they are seen as preventing the arrival of cheaper generic drug copies.

Under terms of the agreement, Takeda granted Watson a non-exclusive, royalty-free license to its US patents covering Actos, meaning that the US company is permitted to launch its generic equivalent version of Actos on August 17, 2012, or earlier under certain circumstances.

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