Amgen Fails To Block Cipla’s Generic Cinacalcet In US, And It May Change How Patent Settlements Are Drafted
Amgen is unlikely to succeed on the merits of its breach of contract claim, court says, concluding that Teva’s December launch of its noninfringing generic precludes the Sensipar marketer from seeking recovery for Cipla’s at-risk launch under the Amgen-Cipla settlement agreement.
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Cipla launched its generic version of Amgen’s Sensipar ‘at risk’ in March last year after suing the originator and Teva over an earlier agreement between the pair. The suit has now been settled, although claims against Teva remain standing.
The US Court Of Appeals has told a Delaware district court to think again on whether Amneal’s generic cinacalcet formulation infringes Amgen’s Sensipar formulation patent. The court also said Zydus Cadila infringed, but Piramal did not.
Revenue from migraine prophylaxis Aimovig shrank from Q2 levels, while cholesterol-lowering Repatha volume increased, but sales came in below consensus.