Shire has settled the litigation with Teva over Shire’s supply to Teva of an authorised generic version of Adderall XR. Shire has been supplying Teva with authorised generic Adderall XR since April 1, 2009.
The company said that Shire’s ability to supply the product had been limited by restrictions that the US Drug Enforcement Administration (DEA) places on amphetamine, which is the product’s active ingredient. Teva filed suit claiming that Shire was in breach of its supply contract. After the lawsuit was filed, DEA granted Shire additional quota for 2009, allowing Shire to supply Teva with additional product.
Teva has dismissed its lawsuit, including its claims for monetary damages, specific performance and other equitable relief. No consideration was exchanged by the parties as part of the settlement.
Accordingly, Teva has started commercial shipment of its generic version of Shire’s Adderall XR (mixed salts of a single-entity amphetamine product) capsules, 5mg, 10mg, 15mg, 20mg, 25mg and 30mg. Teva’s generic in April, 2009.
The company said that Adderall XR capsules are indicated for the treatment of attention deficit hyperactivity disorder (ADHD).
In August 2006, Teva’s subsidiary Barr Pharmaceuticals, entered into a license agreement with Shire as part of a settlement of patent litigation between the parties. Under the agreement, Shire granted the company the exclusive right to sell a generic version of Adderall XR capsules for 180 days from the date of commercial launch.