SK Biopharmaceuticals(326030) reached a settlement with a generic (copycat) drug developer in a U.S. patent lawsuit over the epilepsy treatment "Cenobamate" (U.S. brand name Xcopri).
SK Biopharmaceuticals said on the 19th that it reached a settlement with Indian generic company MSN Laboratories in a patent lawsuit related to Xcopri that is underway at the U.S. District Court for the District of Delaware. It did not disclose the specific terms of the settlement.
This was a lawsuit over a follow-on patent, separate from the compound patent. SK Biopharmaceuticals said it decided to grant MSN the right to launch a future generic product under its patent protection scope and the settlement terms. As a result, the patent litigation between the two companies will be concluded.
However, whether and when MSN's generic product will launch may vary depending on U.S. regulatory approval procedures and the terms of the settlement between the two companies.
SK Biopharmaceuticals said this is meaningful in that it has laid the groundwork to continue patent protection for Xcopri even after the compound patent expires in 2032. The company said, "With this first settlement, we will solidify the foundation for Xcopri's continued growth and help ensure a stable, long-term market position in the United States."