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Indian Drug maker Secures Continued Sales of Generic Bladder Disorder Medication.
After its patent infringement lawsuit against Astellas Pharmaceutical regarding the bladder medication known as Mirabegron, Lupin Pharmaceuticals has reached a settlement resolving the litigation between the two firms. Under the terms of the settlement, Lupin will be able to continue selling its generic version of Mirabegron in the United States.
The legal suit arose out of Lupin's introduction into commerce of a generic version of Astellas' product, Myrbetriq, which is indicated for treating overactive bladder. This lawsuit contained significant issues related to the right of Astellas to sell its product and, as a result, Astellas was able to obtain an order from a U.S. District Court that prohibited Lupin from introducing its generic Mirabegron product into the U.S. market, and thereby maintained its ability to continue selling Mirabegron. The result of this lawsuit created significant uncertainty as to whether Lupin's generic version and other generic pharmaceuticals would continue to be available on pharmacy shelves.
According to one analyst at Citi, they believe that this agreement is a strategic way to resolve the legal uncertainties related to Lupin’s sales of Mirabegron in the U.S. Moreover, it is possible that the settlement may delay any other generic competitors from entering the market; this could give both Zydus Life Sciences and Lupin a certain period of limited market competition. On a related note, the market has reacted positively to the announcement. As of 11:01 AM IST, Lupin's shares were trading up 0.91%.
The specifics of how pharmaceutical companies negotiate with each other in the generic drug industry can be complex; this particular agreement appears to have had a creative negotiation process between Astellas and Lupin because they reached a mutually agreeable solution whereby Lupin was able to sell the generic drug and Astellas got some type of compensation for its patent rights.
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