The settlement agreement resolves the patent infringement action filed by Meda after Cobalt’s submission of an abbreviated new drug application (ANDA) to the FDA for a generic version of Astelin in July 2007. Under the settlement agreement, Cobalt admits infringement of Meda’s patent.
The settlement agreement allows Cobalt to launch a generic version of Astelin, under a license from Meda, on August 28, 2010 at the earliest. In such case, Cobalt will pay 32.5% of its net sales of this product to Meda until February 1, 2011.
Astelin is used for treatment of allergic and non-allergic rhinitis. The product is protected in the US by a patent that expires on November 1, 2010, with pediatric exclusivity extending until May 1, 2011.
Anders Lonner, CEO of Meda, said: “With this settlement agreement, Meda has no further patent litigations pending in the US for Astelin.”