Teva and Barr to sell generic Allegra despite patent litigation

Litigation regarding the patents of the drug is still ongoing, but the companies have decided to go ahead and sell the generic version of the drug without the final approval of the US court. Although no trial date has been set, the companies expect that a trial will occur sometime in 2006.

Allegra tablets had annual sales of approximately $1.4 billion for the twelve months ended June 2005, based on IMS data.

Barr has taken the regulatory steps necessary to permit Teva to obtain final FDA approval of Teva’s fexofenadine hydrochloride tablets and to sell the product within Barr’s 180-day exclusivity.

In return, Barr will receive a negotiated percentage of the gross profit of Teva’s product, both during and after the exclusivity period.

“This agreement and launch represent an extraordinary opportunity for consumers and for both companies,” said Bruce Downey, Barr’s chairman and CEO. “However, the courts have yet to resolve the pending patent litigation concerning our generic products. The agreement with Teva enables us to maximize the opportunity, while sharing the risk of the ongoing litigation.”