--Par Confirms Validity of OMIDRIA Patents and Agrees Not to Market a
Generic Version of OMIDRIA Until 2032--
SEATTLE--(BUSINESS WIRE)--Oct. 5, 2017--
Omeros Corporation (NASDAQ: OMER) today announced that it entered into a
settlement agreement with Par Pharmaceutical, Inc. and its subsidiary
Par Sterile Products, LLC (Par), resolving Omeros’ patent litigation
against Par. The litigation concerned Par’s filing of an Abbreviated New
Drug Application (ANDA) seeking approval from the U.S. Food and Drug
Administration (FDA) to market a generic version of Omeros’ commercial
drug OMIDRIA® (phenylephrine and ketorolac injection) 1% /
0.3%. In the settlement, Par, which had previously stipulated to
infringement, acknowledges and confirms the validity of all asserted
patents for OMIDRIA. The settlement includes a consent judgment filed
with the U.S. District Court for the District of Delaware. Unless
subsequently authorized pursuant to terms in the settlement agreement,
Par will be prohibited by the judgment from launching a generic version
of OMIDRIA until April 1, 2032. The last-to-expire of Omeros’ Orange
Book listed patents for OMIDRIA expires on October 23, 2033. As part of
the settlement agreement, if and when Par eventually enters the market,
Par will pay to Omeros a royalty of 15 percent of Par’s net sales of any
generic version of OMIDRIA until the latest expiration of Omeros’ U.S.
Patents related to OMIDRIA.
The litigation against Par began in 2015 after Omeros received a
Paragraph IV certification from Par in connection with Par’s filing of
an ANDA seeking the FDA’s approval to market a generic version of
OMIDRIA. Over the course of the litigation, Par had conceded that its
proposed generic version of OMIDRIA would infringe the Orange
Book-listed patents for OMIDRIA. Par, however, challenged the patents’
validity. The settlement agreement was entered into after a three-day
trial before the U.S. District Court for the District of Delaware in
July 2017 and post-trial briefing but prior to the court issuing a
decision. As part of the agreement, Par acknowledges and confirms the
validity of each of the patents listed in the Orange Book for OMIDRIA,
namely U.S. Patent No. 8,173,707, U.S. Patent No. 8,586,633, U.S. Patent
No. 9,066,856, U.S. Patent No. 9,278,101, U.S. Patent No. 9,399,040, and
U.S. Patent No. 9,486,406.
“We are pleased with this settlement and what it represents to our
company and its shareholders,” stated Gregory A. Demopulos M.D.,
chairman and chief executive officer of Omeros. “The settlement affirms
our belief in the strength of our patents for OMIDRIA. Sales of OMIDRIA
continue to grow as more and more facilities and surgeons incorporate
the product into their cataract surgery routines, improving
postoperative outcomes for their patients.”
About Omeros Corporation
Omeros is a commercial-stage biopharmaceutical company committed to
discovering, developing and commercializing small-molecule and protein
therapeutics for large-market as well as orphan indications targeting
inflammation, complement-mediated diseases and disorders of the central
nervous system. The company’s drug product OMIDRIA®
(phenylephrine and ketorolac injection) 1% / 0.3% is marketed for use
during cataract surgery or intraocular lens (IOL) replacement to
maintain pupil size by preventing intraoperative miosis (pupil
constriction) and to reduce postoperative ocular pain. In the European
Union, the European Commission has approved OMIDRIA for use in cataract
surgery and other IOL replacement procedures to maintain mydriasis
(pupil dilation), prevent miosis (pupil constriction), and to reduce
postoperative eye pain. Omeros has multiple Phase 3 and Phase 2
clinical-stage development programs focused on: complement-associated
thrombotic microangiopathies; complement-mediated
glomerulonephropathies; Huntington’s disease and cognitive impairment;
and addictive and compulsive disorders. The U.S. Food and Drug
Administration has granted breakthough therapy, fast-track and orphan
drug designations across a number of Omeros’ clinical programs. In
addition, Omeros has a diverse group of preclinical programs and a
proprietary G protein-coupled receptor (GPCR) platform through which it
controls 54 new GPCR drug targets and corresponding compounds, a number
of which are in preclinical development. The company also exclusively
possesses a novel antibody-generating platform.
Forward-Looking Statements
This press release contains forward-looking statements within the
meaning of Section 27A of the Securities Act of 1933 and Section 21E of
the Securities Exchange Act of 1934, which are subject to the “safe
harbor” created by those sections for such statements. All statements
other than statements of historical fact are forward-looking statements,
which are often indicated by terms such as “anticipate,” “believe,”
“could,” “estimate,” “expect,” “goal,” “intend,” “look forward to,”
“may,” “plan,” “potential,” “predict,” “project,” “should,” “will,”
“would” and similar expressions and variations thereof. Forward-looking
statements are based on management’s beliefs and assumptions and on
information available to management only as of the date of this press
release. Omeros’ actual results could differ materially from those
anticipated in these forward-looking statements for many reasons,
including, without limitation, risks associated with product
commercialization and commercial operations, unproven preclinical and
clinical development activities, regulatory oversight, intellectual
property claims, competitive developments, litigation, and the risks,
uncertainties and other factors described under the heading “Risk
Factors” in the company’s Quarterly Report on Form 10-Q filed with the
Securities and Exchange Commission on August 8, 2017. Given these risks,
uncertainties and other factors, you should not place undue reliance on
these forward-looking statements, and the company assumes no obligation
to update these forward-looking statements, even if new information
becomes available in the future.
View source version on businesswire.com: http://www.businesswire.com/news/home/20171005005918/en/
Source: Omeros Corporation
Cook Williams Communications, Inc.
Investor and Media Relations
Jennifer
Cook Williams, 360-668-3701
jennifer@cwcomm.org