GSK patient litigation dismissed by court

Litigation brought to court by GlaxoSmithKline (GSK) regarding a generic form of its Imitrex (sumatriptan sucinate) injection has been dismissed.

Spectrum Pharmaceuticals, that is to launch its generic sumatriptan injection, announced that the United States District Court of the District of Delaware had dismissed the patent litigation in conformance with a settlement agreement between GSK and the company announced in November.

Under the terms of the confidential agreement, Spectrum will be permitted to market authorised generic forms of sumatriptan injections exclusively from August 6th 2008, with the launch to occur before November 6th in the same year.

Rajesh Shrotriya, chairman, president and chief executive officer of Spectrum, said: “As expected, at our request the court has dismissed this patent litigation with GSK which will allow us to move forward under the previously announced settlement agreement for sumatriptan injection.”

He added that the dismissal of this litigation would allow its partner, Par Pharmaceuticals, to launch the injection prior to the expiration of GSK’s patent, with Spectrum able to gain profits from sales of the treatment from the first half of 2008.

In September, GSK announced the results of clinical trials showing an earlier peaking of sumatriptan in the blood following administration of Trexma (sumatriptan sucinate/naxopren sodium) when compared to treatment with Imitrex.