Sepracor, Breath Settle Xopenex Patent Fight

Law360 (May 1, 2008, 12:00 AM EDT) -- Sepracor Inc. has settled a patent lawsuit against rival Breath Ltd. over Sepracor's inhaled asthma drug Xopenex, allowing Breath to sell a generic version of the drug in exchange for a “double-digit” royalty on the profits, the companies announced Thursday.

The settlement will take effect on Aug. 20, 2012 at the latest, the companies said in a joint press release. The companies have also entered into a supply agreement, which will take effect the same day, they said.

For the first 180 days of the agreement,...
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