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31 May 2018Americas

Takeda and Aurobindo drop patent clash

Takeda and Aurobindo have agreed to dismiss a dispute over Aurobindo’s filing of an Abbreviated New Drug Application (ANDA) for a generic version of Prevacid Solutab (lansoprazole).

The companies submitted a stipulation of dismissal without prejudice on Tuesday, May 29. The US District Court for the District of New Jersey signed the order the same day.

In October 2015, Takeda sued Aurobindo for infringing US patent number 6,328,994, called “Orally disintegrable tablets”. Lansoprazole inhibits the stomach's production of acid.

Aurobindo filed an ANDA for lansoprazole and, in September 2015, it notified Takeda of the application. The notification also claimed that no patents would be infringed by the sale of the products described in the ANDA.

“On information and belief, defendants actively review pharmaceutical patents and seek opportunities to challenge those patents,” said an amended complaint, submitted by Takeda in June 2016.

Earlier in May this year, Aurobindo amended the ANDA to re-certify that it wouldn’t market the goods before the ‘994 patent expired.

In the dismissal filing, Takeda and Aurobindo agreed to dismiss all claims and counterclaims, with each party to bear its own fees and costs.

The parties also agreed that the ANDA products would not, if approved, infringe any valid claims of patents listed in the Orange Book, including the ‘994 patent.

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