Thursday, October 06, 2005

Alphapharm settles with Lundbeck/Forest over Lexapro

H Lundbeck AS said it and its US partner, Forest Laboratories Inc, have reached a settlement with Alphapharm Pty Ltd, a subsidiary of Germany's Merck KGaA, regarding the patent infringement dispute over Lexapro.

Under the agreement, Alphapharm will acknowledge that the Lexapro patent is valid, enforceable and infringed by Alphapharm's proposed product and will agree to modify its Abbreviated New Drug Application (ANDA) filing accordingly.

Merck KGaA was the defendant in the Supreme Court case Merck v. Integra. The Supreme Court decision was favorable to Merck, but the case has been remanded, so that the ultimate winner is not known at this time.


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