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Exelixis, Teva settle Cabometyx patent litigation with 2031 generic license

2023-07-24

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Exelixis had filed a pair of lawsuits against Teva centered on patents that expire in the 2030s, but now the companies have settled the cases.

Exelixislwart cancer drug Cabometyx driving itTevammercial performance, Exelixis has put plenty of effort behind defending the drug's intellectual property. Now, a patent deal with generics giant Teva adds one more layer to its defenses.

Sunday, Exelixcancerd it hCabometyxed the patent litigation it brought aExelixiseva in response to the latter company's generic application with the FDA. Under the settlement, Exelixis will grant Teva a license to market its Cabometyx generic starting on Jan. 1, 2031, Exelixis said in a release. Before launching, Teva's copycat would also have to win FDA approval.

The compExelixisdn't disclose the financial terms of the deal.Teva FDA Exelixis Teva Cabometyx Exelixis Teva FDA

Last year, Exelixis filed a patent lawsuit (PDF) in response to Teva's advancement of a generic application with the FDA. The lawsuit asserted infringement of Exelixis' patent No. 11,298,349, which expires in February 2032.

Before thatExelixisis filed a lawsuit in 2021 centered on three Tevants, the latest of which expires in July 2033.FDA Exelixis

The new settlExelixissolves all existing patent litigation between the companies in Delaware federal court. The deal is subject to review by U.S. authorities.

Aside from Teva, Exelixis is pursuing patent claims against India's MSN Labs. In January, Exelixis said the Delaware federal court ruled in its favor, rejecting MSN's challenge to patent No. 7,579,473.

After that TevangExelixisis said it planned to ask the court for an MSN Labsrring regulatoExelixisval of MSN's generic until August 2026.MSN

Since its original Exelixis in April 2016 to treat certain patients with renal cell carcinoma, Cabometyx MSN been a commercial driver for Exelixis. It's also picked up approvals in hepatocellular carcinoma and thyroid cancer and the franchise generated $1.4 billion last year.

But the Teva deal also follows some clinical setbacks for the pair of Cabrenal cell carcinomaecCabometyxn March, the company disclosed that the combo failed to stave off cancer proghepatocellular carcinomad witthyroid cancerone in kidney cancer patients who’ve progressed on initial immunotherapy.