Cobalt, Meda reach settlement on Astelin patent

STOCKHOLM, Sweden Cobalt Pharmaceuticals and Meda Pharmaceuticals have settled a patent infringement lawsuit regarding Cobalt’s generic version of the nasal spray Astelin, Meda announced Monday.

The spray, known generically as azelastine hydrochloride, is used for treating rhinitis and protected by a patent that expires in November 2010, with the patent for use in children extending until May 2011.

Meda filed the suit against Cobalt after Cobalt filed for approval from the Food and Drug Administration to market a generic version of Astelin in July 2007. Under the settlement, Cobalt admitted that it infringed Meda’s patent, but Meda will allow Cobalt to launch a generic version of Astelin as early as Aug. 28, 2010 under a license from Meda, whereby Cobalt will pay 32.5 percent of net sales to Meda until Feb. 1, 2011.

Meda will submit the settlement to the Federal Trade Commission for review, as the law requires.

“With this settlement agreement, Meda has no further patent litigations pending in the U.S. for Astelin,” Meda chief executive officer Anders Lonner said.