Teva recently agreed to settle its long-running patent litigation with Novartis over the herpes drug Famvir (famciclovir) by making a one-time payment to Novartis. Teva will also continue to pay royalties on U.S. sales of the generic version of Famvir. This payment covers damages from Teva’s at-risk launch of Famvir in September of 2007.
Because Teva's launch was at-risk, and because Teva has now been forced to settle with Novartis by paying royalties on is past and future sales, Chad Landmon, Partner at Axinn Veltrop & Harkrider, tells The Pink Sheet that this settlement may very well curtail some at-risk launches . Specifically, Landmon said that the Famvir settlement "may lead generic companies to question more thoroughly the decision to launch at risk.”
The article, entitled “Famvir Patent Settlement: 17 Months After At-Risk Launch, Teva Must Pay Novartis,” was published by The Pink Sheet on February 16, 2010.