Gilead and Natco Pharma settle Tamiflu patent dispute

Pharmaceutical company Gilead Sciences has settled its patent dispute with Indian-based rival Natco Pharma over an attempt to market a generic version of its Tamiflu (oseltamivir phosphate) product.

The settlement, which was confirmed today, December 14, ends all litigation and enables Natco to proceed with marketing its generic product.

No financial details were disclosed.

Tamiflu is used to treat both type A and B influenza.

Natco was seeking to market the generic product with partner company Alvogen. The US Food and Drug Administration approved the generic drug for sale in March 2014.

Gilead filed a lawsuit against Natco alleging that its Abbreviated New Drug Application to sell and manufacture a generic version of Tamiflu oral capsules infringed its US patent number 5,763,483.

The suit was filed at the US District Court for the District of New Jersey.

Last year, the US Court of Appeals for the Federal Circuit ruled against Natco’s claim that the ‘483 patent was invalid on the grounds that it qualifies as an obvious-type double patent based on Gilead’s 5,952,375 patent as a double patent reference.

The federal circuit remanded the case back to the New Jersey court, but the parties ended the litigation today.