Heron Therapeutics (HRTX) announced that the Company entered into a settlement agreement with Mylan Pharmaceuticals, a Viatris company, to resolve the ongoing patent litigations between the parties in the U.S. District Court for the District of Delaware related to CINVANTI, or aprepitant, injectable emulsion and APONVIE, or aprepitant, injectable emulsion. Pursuant to the terms of the settlement agreement, the Company has granted Mylan a license under the Orange Book-listed patents for CINVANTI and APONVIE., to market generic versions of CINVANTI and APONVIE in the U.S. beginning June 1, 2032, or earlier under certain customary circumstances. These patent litigations were initiated by the Company in September 2023 and January 2024 in response to Mylan’s abbreviated new drug applications seeking FDA approval of generic versions of CINVANTI and APONVIE, respectively, in the U.S. prior to the expiration of the Heron Patents in 2035. In connection with the settlement, the Company and Mylan will file a proposed Stipulation and Order of Dismissal with the U.S. District Court for the District of Delaware requesting that the Court dismiss the pending litigations between the parties.
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