Common Contracts

2 similar Settlement and License Agreement contracts by Depomed Inc, Santarus Inc

SETTLEMENT AND LICENSE AGREEMENT
Settlement and License Agreement • May 8th, 2012 • Santarus Inc • Pharmaceutical preparations • California

This action for alleged patent infringement (the “Litigation”) has been brought by Plaintiff Depomed, Inc. (“Depomed”) against Defendants Lupin Pharmaceuticals, Inc. and Lupin Limited (collectively, “Lupin”) for alleged infringement of United States Patent Nos. 6,635,280, 6,340,475, and 6,488,962 (collectively the “Depomed Patents”). Depomed’s commencement of the Litigation was based on its receipt of notice from Lupin Limited that Lupin Limited had filed Abbreviated New Drug Application (“ANDA”) No. 91-664 with the United States Food and Drug Administration containing a certification pursuant to 21 U.S.C. § 355(j)(2)(A)(vii)(IV) directed to the Depomed Patents and seeking approval to market 500 mg and 1000 mg metformin tablets as a generic version of Glumetza®.

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SETTLEMENT AND LICENSE AGREEMENT
Settlement and License Agreement • May 8th, 2012 • Depomed Inc • Pharmaceutical preparations • California

This SETTLEMENT AND LICENSE AGREEMENT (this “Agreement”) is made as of February 22, 2012, by and between Depomed, Inc. (“Depomed”), a California corporation having its principal place of business at 1360 O’Brien Drive, Menlo Park, CA 94025, and Santarus, Inc. (“Santarus”), a Delaware corporation having its principal place of business at 3721 Valley Centre Drive, Suite 400, San Diego, CA 92130, on the one hand, and each of Lupin Pharmaceuticals, Inc., a Virginia corporation having its principal place of business at 111 South Calvert Street 21st floor, Harborplace Tower, Baltimore, MD 21202, and Lupin Limited, an Indian corporation having its principal place of business at B/4 Laxmi Towers, Bandra Kurla Complex, Bandra (E), Mumbai 400 051 India (collectively, “Lupin”), on the other hand (each a “Party” and collectively, the “Parties”).

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