Mylan, a generic pharmaceutical company, has settled all patent litigation relating to desloratadine tablets, 5mg, the generic version of Schering-Plough's Clarinex allergy medication. This litigation has been pending in the US District Court of New Jersey since September 2006.
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Pursuant to the settlement, Mylan will have the right to market desloratadine tablets, 5mg, in the US on July 1, 2012, or earlier in certain circumstances, provided that the FDA approves Mylan’s abbreviated new drug application.
Mylan’s product may be the prescription form or an over-the-counter version, depending on the status of Clarinex at the time. Additional terms of the settlement are confidential, and the agreement is subject to review by the Department of Justice and the Federal Trade Commission.
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