Lupin has settled with Schering-Plough all ongoing litigations relating to Desloratadine tablets, the generic version of Schering-Plough’s allergy drug “Clarinex” tablets used in the treatment of allergy.
As per the terms of the settlement, Lupin will be licenced under the relevant Desloratadine patents and free to commercially launch its generic Desloratadine product on July 1, 2012 or earlier in certain circumstances, ahead of the expiry of the relevant patents in December 2014 and July 2019.
Lupin had earlier filed a Paragraph IV certification with the US Food and Drug Administration (USFDA) to launch Desloratadine tablets, contesting that US Patent nos 6,100,274, 7,214,683 and 7,214,684 were either invalid or had not been infringed upon. This had resulted in the subsequent litigations by Schering Corp. and Sepracor.