Alvogen, Natco settle suit over generic Tamiflu

Drugmakers Alvogen and Natco Pharma said they have settled a patent suit filed against them in the United States by Gilead Sciences ($GILD), Hoffmann-La Roche ($RHHBY) and Genentech. The settlement will allow the two generic makers to market their generic copy of oseltamivir phosphate capsules through Feb. 23, 2017, which is the date of the expiration of its pediatric exclusivity period frm the U.S. Food and Drug Administration. The FDA original granted "tentative approval" for the drug in 2014 when Alvogen and Natco partnered on the abbreviated new drug application. In March, Natco was handed a court victory in the United States when the U.S. Supreme Court declined to hear an appeal of the case filed by Gilead and the others after Natco won a lower court decision. In that case, Natco and Alvogen said Gilead et al. were asserting protection under a more recent patent that constituted so-called double-patenting and that the original patent had already expired. Release

EJ Lane contributed to this report.

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