Amgen Fails To Block Cipla’s Generic Cinacalcet In US, And It May Change How Patent Settlements Are Drafted

Amgen is unlikely to succeed on the merits of its breach of contract claim, court says, concluding that Teva’s December launch of its noninfringing generic precludes the Sensipar marketer from seeking recovery for Cipla’s at-risk launch under the Amgen-Cipla settlement agreement.

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For now, Cipla has an open road to market its generic formulation of Amgen's Sensipar in the US. • Source: Shutterstock

A US federal judge has denied Amgen Inc.'s request to halt Cipla Ltd.’s sales of a generic version of Sensipar (cinacalcet), ruling that Amgen is not likely to succeed on the merits of its breach of contract claim against the generic firm.

In a 2 May opinion, Chief Judge Leonard Stark of the US District Court for the District of Delaware concluded that the February 2018 patent settlement agreement between Amgen and Cipla precludes Amgen’s ability to seek relief for Cipla’s at-risk cinacalcet launch. This is because Teva Pharmaceutical Industries Ltd

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