Omeros settles infringement suit against Lupin

Omeros Corporation announced it entered into a settlement agreement with Lupin Ltd. and its subsidiary Lupin Pharmaceuticals, Inc. resolving Omeros’ patent litigation against Lupin.

“The litigation concerned Lupin’s filing of an Abbreviated New Drug Application (ANDA) seeking approval from the U.S. Food and Drug Administration (FDA) to market a generic version of Omeros’ commercial drug Omidria (phenylephrine and ketorolac intraocular solution) 1% / 0.3%,” said Omeros.

“Last year, Omeros announced that it had settled litigation directed to an ANDA filing by Par Sterile Products, LLC and Par Pharmaceutical, Inc. (Par).

“As in the settlement with Par, this agreement with Lupin includes Lupin’s acknowledgment and confirmation of the validity of all asserted patents for Omidria as well as overall terms and market entry date similar to those set forth in the Par agreement.

“The expiration date of the last-to-expire of Omeros’ asserted patents for Omidria is October 23, 2033.

“The litigation against Lupin began in 2017 after Omeros received a Paragraph IV certification from Lupin in connection with Lupin’s filing of an ANDA seeking the FDA’s approval to market a generic version of Omidria.

“As part of the agreement, Lupin acknowledges and confirms the validity of each of the patents listed in the Orange Book for Omidria, namely U.S. Patent No. 8,173,707, U.S. Patent No. 8,586,633, U.S. Patent No. 9,066,856, U.S. Patent No. 9,278,101, U.S. Patent No. 9,399,040, U.S. Patent No. 9,486,406, and U.S. Patent No. 9,855,246.”

Omeros CEO Gregory Demopulos said: “We are pleased with the Lupin settlement agreement.

“With both the Par and Lupin litigation now settled, we remain focused on the near-term objectives for Omidria – preparing for resumption of CMS separate payment on October 1, building utilization within the VA system, growing our customer base and expanding the drug’s Medicare Advantage and commercial reimbursement – all of which we expect will increase access to Omidria for ophthalmic surgeons and their cataract surgery patients, improving outcomes and decreasing safety risks.”