Theravance Biopharma and partner Mylan have settled a patent dispute with Eugia Pharma over the lung disease treatment Yupelri inhalation solution. The lawsuit was filed after Eugia sought US approval to market a generic version of the drug. The terms of the settlement have not been disclosed.
Theravance Biopharma (NASDAQ:TBPH) and its partner Mylan (NASDAQ:VTRS) have reached a settlement agreement with Eugia Pharma regarding a patent dispute over the lung disease treatment Yupelri inhalation solution. The dispute arose when Eugia sought U.S. approval to market a generic version of the drug before the expiration of Theravance and Mylan's patents. The settlement, detailed in a recent SEC filing, grants Eugia a royalty-free, non-exclusive license to manufacture and market its generic version of Yupelri in the United States starting April 23, 2039 [2].
The litigation, which involved several U.S. patents including 8,541,451 and 12,285,417, was a result of Eugia filing an abbreviated new drug application (ANDA) to market a generic version of Yupelri before the expiration of the patents [2]. The settlement resolves the dispute with Eugia but does not affect ongoing litigation with other ANDA filers, such as Cipla Limited and Mankind Pharma Ltd. [2].
The settlement is part of Theravance's strategy to protect its intellectual property while allowing for eventual generic competition. The company's stock has shown significant momentum, posting a 17.58% return over the past week and reporting a 6.11% revenue growth in the last twelve months [2]. Theravance Biopharma ended the first quarter of 2025 with $131 million in cash and no debt, maintaining a strong financial position [2].
In a separate development, Theravance Biopharma sold its remaining royalty interest in Trelegy Ellipta to GlaxoSmithKline (NYSE:GSK) for a one-time $225 million cash payment [4]. This transaction, advised by Skadden, is part of the company's ongoing efforts to maximize shareholder value and return excess capital to shareholders [4].
References:
[1] https://seekingalpha.com/news/4456186-theravance-and-mylan-settle-patent-dispute-with-eugia-pharma
[2] https://www.investing.com/news/sec-filings/theravance-biopharma-settles-patent-litigation-with-eugia-pharma-93CH-4084697
[3] https://www.tradingview.com/news/reuters.com,2025:newsml_FWN3S90E1:0-theravance-biopharma-theravance-and-mylan-enter-settlement-agreement-with-eugia-sec-filing/
[4] https://globallegalchronicle.com/theravance-biopharma-sells-remaining-trelegy-royalties-to-gsk-for-225-million/
[5] https://www.eagletribune.com/region/theravance-biopharma-inc-sells-remaining-royalty-interest-in-trelegy-ellipta-to-gsk-for-225-million/article_5df4967c-8f9c-520e-b024-f8483103286a.html
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