Heron Therapeutics inks patent litigation settlement agreement with Mylan Pharma related to Cinvanti and Aponvie
"Heron Therapeutics, Inc, a commercial-stage biotechnology company focused on improving the lives of patients by developing and commercializing therapeutic innovations to improve medical care, announced that the company has entered into a settlement agreement with Mylan Pharmaceuticals, Inc. (Mylan), a Viatris Inc, company, to resolve the ongoing patent litigations between the parties in the US District Court for the District of Delaware related to Cinvanti (aprepitant) injectable emulsion and Aponvie (aprepitant) injectable emulsion.
Pursuant to the terms of the settlement agreement, Heron Therapeutics has granted Mylan a license under the Orange Book-listed patents for Cinvanti and Aponvie (the ""Heron Patents""), to market generic versions of Cinvanti and Aponvie in the United States beginning June 1, 2032, or earlier under certain customary circumstances.
These patent litigations were initiated by Heron Therapeutics in September 2023 and January 2024 in response to Mylan's abbreviated new drug applications seeking United States Food and Drug Administration approval of generic versions of Cinvanti and Aponvie, respectively, in the United States prior to the expiration of the Heron Patents in 2035.
In connection with the settlement, Heron Therapeutics and Mylan will file a proposed stipulation and order of dismissal with the US District Court for the District of Delaware requesting that the Court dismiss the pending litigations between the parties.
Heron Therapeutics’ advanced science, patented technologies, and innovative approach to drug discovery and development have allowed the company to create and commercialize a portfolio of products that aim to advance the standard-of-care for acute care and oncology patients.