In settling insulin product lawsuit, Eli Lilly gains right to market its version of world’s top-selling insulin, Lantus, in U.S. market.
The deal negotiated with Lantus manufacturer Sanofi SA enables Eli Lilly and Co. and its German partner, Boehringer Ingelheim, to market their knockoff version of Lantus in the U.S. market in late 2016. However, Lilly will be required to pay royalties to Sanofi. Lilly announced the settlement Monday, the scheduled start of a three-day patent infringement trial between Sanofi and Lilly in federal court in Delaware. Lilly and Boehringer received tentative U.S. approval in 2014 to sell Basaglar, but the launch has been delayed by the lawsuit filed by Sanofi in early 2014. Under the settlement of the insulin product lawsuit, Sanofi granted Lilly a global license to make and sell Basaglar in an injector pen. The deal has the potential to bring Lilly and Boehringer billions of dollars by selling a cheaper-priced version of Lantus, a long-lasting insulin that diabetics typically use in conjunction with a short-acting insulin to control their blood sugar. Lantus is Sanofi’s top product, though sales have been declining. It’s the world’s third-best-selling medicine, with 2014 sales of $12.4 billion, according to British research firm GlobalData. Sanofi contended that Basaglar and its injector device Kwikpen infringed on five Sanofi patents on Lantus and its penlike injector called SoloStar. Sanofi dropped one of the patent claims last week, leaving four patents at issue in the trial. Lilly rejected Sanofi’s claim, saying its patents were invalid and unenforceable. Notice of the settlement, filed with the court Monday, said the terms are confidential. The court will rule on any disputes that arise from the settlement. Lilly and Boehringer already sell Basaglar in the Kwikpen in several European countries. Basaglar was the first biosimilar insulin product approved in Europe. The Sanofi patents would have kept Basaglar off the U.S. market until 2025. Originally posted by Jeff Swiatek on IndyStar.com. Insulin Product Lawsuit – Ball & Bonholtzer Trial Attorney – Los Angeles