Teva reaches settlement with Perrigo in ProAir HFA patent case

Israeli generics giant Teva Pharmaceutical Industries (NYSE: TEVA) has reached a settlement with Perrigo Pharmaceutical (NYSE: PRGO) and privately-held Catalent Pharma Solutions with respect to four patents for Teva’s ProAir HFA (albuterol sulfate) inhalation aerosol product.

This settlement provides a license to Perrigo and Catalent to sell limited units of Perrigo’s generic version of the product for an initial period beginning December 19, 2016 and lasting until June 2018, when the limits will no longer apply.

This settlement dismisses pending litigation in the US District Court for the District of Delaware in which Teva filed suit against Perrigo and Catalent in response to a notice of the filing of an Abbreviated New Drug Application containing a paragraph (IV) certification directed against four (4) of the five (5) patents listed in the Orange Book for ProAirHFA (US Patent 7,105,152, which expires September 12, 2023; 7,566,445, which expires June 4, 2017; 6,446,627, which expires December 18, 2017; and 8,132,712, which expires September 7, 2028.) Additional terms of the settlement are agreed by the parties to remain undisclosed.