Under the terms of the agreement, Savient, Teva and Novo Nordisk have granted each other cross-licenses to any patents covering the human growth hormone (hGH) active ingredient.
An appeal of a district court judgment regarding one portion of the dispute will continue, as will an interference proceeding in the US Patent and Trademark Office.
As a result of the settlement, Teva and Savient have dropped their claims for attorneys’ fees and damages for wrongful injunction, although financial terms of the agreement have not been disclosed.
Savient’s recombinant hGH for the treatment of growth hormone deficiency in children is marketed in over 30 countries worldwide and is licensed to Teva for distribution in the US.
In August 2004, Savient and Teva announced that a district court had found Novo Nordisk’s patent invalid and unenforceable due to inequitable conduct.