Cumberland Settles Patent Litigation, But Sues FDA Over Other ANDA Nod

Cumberland Pharmaceuticals Inc. Nov. 14 settled patent infringement litigation against Perrigo Co. and Paddock Laboratories LLC over the companies’ abbreviated new drug application to make a generic copy of Cumberland’s Acetadote (acetylcysteine injection) (Cumberland Pharmaceuticals Inc. v. Paddock Laboratories LLC).

In a Form 8-K filed Nov. 13 with the Securities and Exchange Commission, Cumberland said that, under the settlement agreement, Paddock and Perrigo admit that Cumberland’s U.S. Patent No. 8,148,356 (the ‘356 patent) is valid and enforceable and that any Paddock or Perrigo generic Acetadote product would infringe upon the patent. The ‘356 patent does not expire until ...