Daiichi Sankyo Settles Evoxac Patent Lawsuit Against Canada's Apotex

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).

To contact the reporters on this story: Susan Decker in Washington at sdecker1@bloomberg.net; Phil Milford in Wilmington, Delaware, at pmilford@bloomberg.net.

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