By Sherri Oslick --
Earlier this week, Impax Laboratories, Inc. and Medicis Pharmaceutical Corp. announced that they have entered a Joint Development Agreement and a Settlement and License Agreement that brings to an end their pending lawsuit over Impax's plans to manufacture a generic version of Medics' Solodyn® (minocycline hydrochloride extended release tablets, used to treat acne). Under the terms of the Agreements, IMPAX has a license to market generic Solodyn® no later than November 2011, and may be required to pay Medicis a royalty based on those sales. Additionally, the parties have agreed to collaborate on the development of five dermatology products, including an advanced-form of Solodyn®.
As previously reported in Court Report, Impax sued Medicis for declaratory judgment of invalidity and non-infringement of U.S. Patent No. 5,908,838 ("Method for the Treatment of Acne," issued June 1, 1999) on January 15, 2008 in the Northern District of California. Medicis' Motion to Dismiss was granted in April, 2008 on the grounds that Impax failed to show an immediate controversy sufficient to sustain the case under the Declaratory Judgement Act. IMPAX appealed to the CAFC; the settlement agreement resolves the pending appeal.
For additional information regarding the settlement, please see:
* Impax's press release
* Medicis' press release
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