Roche, Mylan Settle Patent Case Over Drug Xeloda

(Corrects spelling of drug in first paragraph in story published Sept. 21.)

Roche Holding AG (ROG), the Swiss drugmaker, settled patent litigation with generic drugmaker Mylan Inc. and reached a license agreement over the cancer medicine Xeloda, Mylan said today in a statement.

The confidential settlement, filed in federal court in Newark, New Jersey, resolves a 2009 lawsuit in which Roche claimed Mylan sought to market a generic version of Xeloda before its patent expired. The drug, which had U.S. sales of $570 million in the 12 months ending June 30, is used to treat metastatic breast and colorectal cancers.

The agreement is subject to review by the U.S. Justice Department and the Federal Trade Commission, according to Mylan, based in Canonsburg, Pennsylvania.

The case is Hoffman-LaRoche Inc. v. Mylan Inc., 09-cv-1692, U.S. District Court, District of New Jersey (Newark).

To contact the reporter on this story: David Voreacos in Newark, New Jersey at dvoreacos@bloomberg.net.

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.

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