Mylan, Schering-Plough settle patent suit for allergy medication

PITTSBURGH Mylan has settled patent litigation related to a generic version of Schering-Plough’s Clarinex allergy medication, the Pittsburgh-based generic drug maker announced Wednesday.

Under the settlement of the case, in the U.S. District Court of New Jersey, Mylan will have the right to market desloratadine tablets in the 5 mg strength in the United States starting July 1, 2012 or earlier, depending on certain circumstances, provided the Food and Drug Administration approves Mylan’s regulatory application. Depending on the status of Clarinex at that time, Mylan’s version may be a prescription or OTC drug.

Clarinex had sales of about $284 million in 2008, according to IMS Health data.