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Cumberland Settles Patent Suit Over Generic Acetadote

Nov. 13 (Bloomberg) -- Cumberland Pharmaceuticals Inc., the maker of emergency medications, settled patent-infringement litigation with generic-drug makers Perrigo Co. and Paddock Laboratories LLC over Acetadote, an acetaminophen overdose treatment.

Cumberland, based in Nashville, Tennessee, sued Allegan, Michigan-based Perrigo and Minneapolis-based Paddock in May in federal court in Delaware to block their plan to market copies of Acetadote before the patent expires in 2026.

Under the settlement, “Paddock and Perrigo admit that the Acetadote patent is valid and enforceable,” and if another company introduces a generic copy, Cumberland will supply an authorized generic to Perrigo, according to a Cumberland filing yesterday with the U.S. Securities and Exchange Commission.

Acetadote is used in hospital emergency rooms to limit liver damage from life-threatening overuse of the pain reliever acetaminophen -- a leading cause of poisoning in the U.S., according to Cumberland.

Another lawsuit, in which Cumberland sued InnoPharma LLC over the same patent, is pending.

Perrigo fell 1.1 percent to $103.98 in Nasdaq Stock Market trading at 2:17 p.m. in New York. Cumberland was unchanged at $4.55. Paddock is closely held.

The case is Cumberland v. Paddock and Perrigo, 12-cv-619, U.S. District Court, District of Delaware (Wilmington).

To see the patent, click: 8,148,356.

To contact the reporter on this story: Phil Milford in Wilmington, Delaware, at pmilford@bloomberg.net

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

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