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Intas Settles Patent Suit With Roche

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Ahmedabad-based Intas Pharmaceuticals, in the run-up to an initial public offer (IPO), has reduced its litigation risk by entering into a settlement with Hoffmann-La Roche Inc over a pending patent infringement case in the US.

As part of the agreement, Roche will allow Intas and its wholly owned subsidiary Accord Healthcare Inc. to market a generic version of Roche’s cancer drug Xeloda (generic: capecitabine) in the US market ahead of the market exclusivity period of that medicine. Xeloda had US sales of approximately $706.2 million in 2012.

Roche had filed patent infringement suit against Accord Healthcare and Intas Pharmaceuticals in 2011 following Accord’s submission to the US Food and Drug Administration of an abbreviated new drug application (ANDA) for a generic version of Xeloda tablets.

A company statement from Intas said that the pending litigation with Roche will now be dismissed. “All other terms and conditions of the settlement are confidential, and the agreement itself is subject to review by the US Department of Justice and the Federal Trade Commission,” it stated.

Intas, through Accord, is also facing patent infringement litigation from Pfizer for seeking approval for marketing the generic version of Pfizer’s kidney cancer drug temsirolimus (Torisel) in the US. The case is at the fact discovery stage and the trial date for the case is currently for 2 December 2013. With an annual turnover of $650 million, Intas is the country’s 12th largest company in domestic sales.

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