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More Eloxatin settlements for sanofi-aventis

S-A has announced a further three settlements with companies making generic versions of cancer drug, Eloxatin, following three last week

Sanofi-aventis (S-A) has announced a further three settlements with companies making generic versions of colon cancer drug, Eloxatin (oxaliplatin), following three announced last week.

Mayne/Hospira, MN/Par and Actavis have all settled outstanding litigation regarding certain formulations of Eloxatin, currently under licence by S-A and Debiopharm.

This follows the news announced on April 1 that drugs manufacturers Teva Pharmaceuticals, Fresenius Kabi and Sandoz had all settled similar litigation with S-A.

As with these previous agreements, the settlements involving Mayne/Hospira, MN/Par and Actavis mean the companies will have to cease selling their generic Eloxatin products in the US between June 30, 2010 and August 9, 2012.

Sales can then resume under a licence, a year before the expiry of the patents at issue.

Financial details of the settlements remain undisclosed, though Mayne/Hospira said in a statement the settlement "will not affect" the company's financial guidance for 2010.

All settlement details are "subject to contingencies".

There is still further outstanding litigation involving generic Eloxatin, with Sun Pharmaceuticals currently marketing their own version of the drug. However, the US District Court for the District of New Jersey has found a proposed settlement agreement between S-A and Sun to be "enforceable".

If settled, it is the position of S-A that Sun cease marketing their product on the same date as the other generic manufacturers involved. The case is subject to appeal.

6th April 2010

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