Pfizer Inc on Wednesday said a $2.15 billion settlement has been reached with Teva Pharmaceuticals Industries of Israel and Sun Pharmaceutical Industries,Mumbai,for patent-infringement damages resulting from their at-risk launches of generic Protonix in the US.
The settlement comes after a nearly 10-year legal battle in which Pfizer and Nycomed (now part of Takeda) sought to enforce the patent for its acid reflux medicine. Pfizer and Takeda will divide the proceeds of the settlement with Pfizer
receiving 64 per cent.
Teva will pay Pfizer and Takeda $1.6 billion and Sun will pay $550 million (Rs 3,175 crore). Teva will pay $800 million in 2013 and the remaining $800 million by October 2014; Suns entire payment will be made in 2013.
We are pleased with todays settlement,which recognizes the validity and value of the innovation that led to Protonix, said Amy W Schulman,executive vice president and general counsel of Pfizer. Protecting intellectual property is vital as we develop new medicines that save and enhance patients lives.
Teva and Sun had launched at-risk generic versions of Protonix prior to the January 2011 expiry of the patent for pantoprazole,the active ingredient in Protonix.
These at-risk launches were determined by a jury in New Jersey federal court to violate United States Patent No. 4,758,579,which is owned by Takeda and was licensed exclusively to Wyeth in the United States. The parties reached the settlement shortly after the commencement of a trial to determine damages in the same New Jersey federal court, Pfizer said in a statement.