Merck & Co., Mylan Settle Patent Suit on Noxafil Antifungal Copy

Merck and Mylan have settled a lawsuit in which Merck had accused Mylan’s proposed generic of the antifungal Noxafil of infringing two patents for the injectable version of the drug.

• Mylan is blocked from making copies “unless otherwise specifically authorized pursuant to the settlement,” according to agreement approved Monday in federal court in Wilmington, Delaware
• Patents expire in June and July 2031, according to filing
• Merck previously had reached settlements with Actavis, Roxane, Par and Fresenius, allowing each to launch generic versions of Noxafil before patents expire under certain conditions, Merck said May 8 in its quarterly earnings report
• Noxafil ...