SK Biopharm Reaches Settlement in U.S. Patent Litigation with XCOPRI Generic Manufacturer
Settlement Reached with MSN, One of Three Defendants...
Partial Resolution of U.S. Patent Litigation
Follow-On Patent Secured to Protect XCOPRI Beyond 2032
On August 19, SK Biopharm announced that it has reached a settlement with Indian generic pharmaceutical company MSN Laboratories (MSN) in its U.S. patent litigation over cenobamate (U.S. brand name: XCOPRI), an epilepsy treatment. As a result, the patent lawsuit between the two companies pending in the U.S. District Court for the District of Delaware will be concluded.
SK Biopharm stated that, in accordance with the scope of its patent protection and the terms of the agreement, it has decided to grant MSN the right to launch a generic product in the future. The specific details of the settlement have not been disclosed.
This litigation centered on a follow-on patent, not the substance patent for cenobamate. The substance patent for cenobamate is set to expire in 2032. According to the company, reaching a settlement on the relevant follow-on patent lays the groundwork for extending XCOPRI’s patent protection even after the expiration of the substance patent.
The timing and possibility of MSN’s generic product launch may vary, depending on the U.S. regulatory approval process and the terms of the agreement between the two companies.
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This settlement was reached with one of the three defendants involved in the U.S. XCOPRI-related patent litigation. SK Biopharm continues to pursue litigation against the remaining defendants.
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