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www.fdanews.com/articles/91516-impax-settles-generic-oxycontin-litigation-with-purdue

Impax Settles Generic OxyContin Litigation With Purdue

April 3, 2007

Impax Laboratories announced it has signed an agreement with Purdue Pharma and certain of its affiliates to settle patent infringement litigation pertaining to Impax's generic versions of Purdue's OxyContin.

Impax has agreed that Purdue's OxyContin patents are valid, enforceable and infringed on by Impax's extended-release oxycodone products, and Purdue agrees it will not pursue damages against Impax, according to Purdue.

Purdue also said it will grant a license to permit Impax to keep its extended-release oxycodone products on the market through June 14. Impax said it will market the drug through its exclusive distributor, Dava Pharmaceuticals.

Additionally, Impax said it amended its agreement with Dava for the marketing of oxycodone extended-release tablets. Under the terms of the amendment, Impax began to receive a larger share of the profits from product sales beginning in March.

The companies will submit the settlement agreement to the FTC and the Antitrust Division of the Department of Justice.