Daiichi Sankyo Co. said generic-drug maker Apotex Inc. agreed not to sell a lower-cost version of the dry-mouth treatment Evoxac in the U.S. until 2012 under the terms of a patent-infringement suit settlement.
Apotex, Canada’s biggest drugmaker, can enter the market in the fourth quarter of 2012 under a license from Daiichi Sankyo, the Japanese drug manufacturer said in a statement. The agreement ends a suit in which Daiichi Sankyo sought to block the copy until a patent on the drug expires in July 2013.
Evoxac, approved by U.S. regulators in 2000, is used to treat dry mouth in patients with Sjogren’s Syndrome. The syndrome, which affects 4 million people in the U.S., is an autoimmune disease in which white blood cells attack moisture- producing glands, according to the Sjogren’s Syndrome Foundation website.
The case is Daiichi Sankyo Co. v. Apotex Inc., 09CV470, U.S. District Court, District of Delaware (Wilmington).