Settlement for Zemplar generic: Anchen安成 & Abbott

Abbott Laboratories and WARF Settle Zemplar Patent Suit with Anchen Pharmaceuticals

 Abbott Laboratories and the Wisconsin Alumni Research Foundation (WARF) entered into an agreement with Anchen Pharmaceuticals, thus ending a patent infringement dispute over a generic version of the kidney disease treatment Zemplar.  In October 2010, Abbott and WARF sued Anchen in the U.S. District Court for the District of Delaware, alleging that Anchen infringed U.S. Patent No. 5,587,497 when it filed an ANDA seeking approval to market generic Zemplar (see "Court Report," October 31, 2010).  WARF owns the '497 patent and exclusively licenses the patent to Abbott.  In their complaint, Abbott and WARF asked the court to prohibit the approval of Anchen's ANDA, enjoin the generics maker from marketing or selling paricalcitol capsules, and award the plaintiffs costs and attorneys' fees. In January, the parties notified the District Court that Anchen was engaged in talks with the plaintiffs about the possibility of a settlement.  The Court agreed to grant Anchen a few months extra time to respond to the complaint, so the defendant could allocate resources to negotiating a settlement.  On March 23, Judge Gregory M. Sleet approved a joint stipulation filed by the parties, which agreed to dismiss all claims, counterclaims, and affirmative defenses in the suit without prejudice.  The parties also indicated that each would cover its own costs and attorneys' fees.