Barr, Kos in Settlement Talks Over Niaspan Patent

Barr Laboratories and Kos Pharmaceuticals have initiated settlement talks to resolve their outstanding patent litigation regarding Kos' brand drug Niaspan, the companies announced.

The companies said they expect the U.S. District Court for the Southern District of New York to discontinue and stay all proceedings in the ongoing patent trial to enable the settlement talks to occur. Barr and Kos did stress, however, that they will be allowed to reactivate the case if they cannot reach a mutually acceptable agreement.

The parties have been involved in litigation over Niaspan (niacin) since 2002 when Kos filed a lawsuit alleging that Barr's proposed generic version of the drug infringed on its patent No. 6,406,715, which covers pharmacokinetic features of Kos' Niaspan and Advicor (niacin/lovastatin) products. The patent is not set to expire until 2013.