Feb 22 2009
Endo Pharmaceuticals and Penwest Pharmaceuticals announced today that the companies have settled litigation with Actavis South Atlantic LLC regarding the production and sale of generic formulations of Opana(R) ER (oxymorphone hydrochloride) Extended Release Tablets CII.
Endo and Penwest have agreed to dismiss their suit with prejudice and Actavis has agreed to dismiss its counterclaims with prejudice.
Under the terms of the settlement, Endo and Penwest have agreed to grant Actavis a license and a covenant not to sue to the patents in suit to sell a generic of Opana ER on or after July 15, 2011, and earlier under certain circumstances.