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Mylan, Abbott settle anti-seizure drug dispute

June 06, 2008
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According to the Associated Press, generic drug developer Mylan Inc. said recently that a subsidiary has entered into a settlement and license agreement with Abbott Laboratories relating to a generic version of Abbott''s anti-seizure drug Depakote ER.

According to a filing with the Securities and Exchange Commission, Mylan Pharmaceuticals has been granted a 180-day exclusivity period to sell 500 milligram-strength Divalproex extended-release tablets upon their launch, which will occur no later than Jan. 1, 2009. The agreement also provides a license for the 250 milligram-strength tablets to be launched no later than Jan. 1, 2009.

Subsequently, all litigation between Mylan and Abbott relating to Divalproex ER will be dismissed, the filing said. Abbott first filed a patent infringement suit against Mylan relating to its Depakote Extended-Release drug in November 2005. The formulation patents for the drug expire in 2018, the company said.

Depakote, including the extended-release version, had U.S. sales of $1.48 billion in 2007.

Depakote ER is for the treatment of seizures in adults and children 10 years of age and older with epilepsy. Depakote ER also treats episodes associated with bipolar disorder and can be used to prevent migraine headaches in adults.
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