Senju, Bausch settle eye drop litigation against Indian generics maker
Senju Pharmaceutical and Bausch Health have reached an “amicable settlement” to its patent suit against Aurobindo over generic Prolensa (bromfenac) eye drops, court filings confirm.
Prolensa is an anti-inflammatory drop used to reduce swelling after eye operations.
In an order dated January 7, judge Brian Martinotti of the US District Court for the District of New Jersey signed off on a proposed settlement barring Aurobindo from making the generic drops until the relevant patents expire in 2033.
Bausch and Senju sued Aurobindo in June last year, alleging that an abbreviated new drug application (ANDA) for generic Prolensa drops infringed nine patents.
As part of this week’s settlement, Aurobindo agreed that generic Prolensa drops would infringe the patents in question.
The settlement leaves open the possibility of a licensing agreement or Senju and Bausch otherwise giving permission for generics to hit the market before the last of the patents expires in 2033.
Aurobindo retains the right to challenge the validity of the nine patents in litigation pertaining to products other than Prolensa.
The agreement brings to an end the latest dispute between the companies.
In 2014, Kenju was a co-plaintiff in a separate lawsuit against Aurobindo over a proposed generic of Zymaxid (gatifloxacin), a different eyedrop sold by Allergan.
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