Cipla, Boehringer Patents Pact End Runs Would-be Copiers of Ofev

Cipla Ltd. and Boehringer Ingelheim International GmbH settled Cipla’s preemptive lawsuit over its proposed generic version of the rare-lung-disease treatment Ofev, agreeing that the copy doesn’t infringe two patents and clearing Cipla’s path to launch six months earlier than a regulatory provision otherwise would’ve allowed.

According to a proposed consent decree and final judgment filed Thursday in the US District Court for the District of Delaware, “Cipla may rely on this final judgment of non-infringement” of the patents as to its application for the US Food and Drug Administration’s approval of its proposed Ofev copy “to the extent permitted by ...