Levalbuterol HCl Inhalation Solution(1.25 mg/3 mL, 0.63 mg/3 mL and 0.31 mg/3 mL) :Innovator settled with Barr and Teva

Innovator Sepracor announced (in a press release Here) that it has entered into a Settlement and License Agreement with Teva Pharma and Barr Labs to resolve the patent litigation against Barr involving Sepracor’s XOPENEX® brand Levalbuterol HCl Inhalation Solution products (1.25 mg/3 mL, 0.63 mg/3 mL and 0.31 mg/3 mL) and to grant a license to Barr and Teva.

The agreement permits Barr and Teva to launch generic versions of these XOPENEX Inhalation Solution dosages under terms of a non-exclusive license commencing on February 17, 2013. The agreement also contains provisions whereby the effective date of Barr’s and Teva’s license can be earlier under certain circumstances. Upon launch, Teva and Barr will pay Sepracor a royalty on their respective profit margins generated from the sales of generic versions of these XOPENEX Inhalation Solution dosages. The parties agreed to promptly file a consent final judgment and dismissal in the United States District Court for the District of Delaware that will conclude this litigation.