Sanofi-aventis has settled US patent infringement suits related to generic versions of Eloxatin (oxaliplatin) with certain defendants involved in the litigation. Sanofi and Debiopharm, licensor of the involved patent rights, signed settlement agreements with Teva Pharmaceuticals USA, Inc, Fresenius Kabi (formerly Dabur) and Sandoz (collectively, the “Generic Manufacturers”) - thus partially resolving the litigation over certain formulations of Eloxatin (oxaliplatin) in the US District Court for the District of New Jersey and the US District Court for the District of Columbia.
Under the terms of the proposed settlement, the Generic Manufacturers would cease selling their generic oxaliplatin products on June 30, 2010, and would resume selling generic oxaliplatin products on August 9, 2012, under a license to re-enter the market. The rest of the settlement provisions are confidential. Moreover, all of the settlement provisions, including the dates noted above, are subject to contingencies which could enhance, diminish or eliminate the value of those settlements to the Group. The lawsuits relate to the quality and formulation of oxaliplatin, available in the United States under the brand name Eloxatin. The settlement agreements are subject to review by the Federal Trade Commission, the US Department of Justice and the Attorney General for the State of Michigan.