Heron Therapeutics, Inc. (Nasdaq: HRTX) announced today that it has entered into a settlement agreement with Mylan Pharmaceuticals, Inc., a Viatris Inc. company, resolving ongoing patent litigation related to two of Heron's key products. The settlement addresses disputes over CINVANTI and APONVIE, both aprepitant injectable emulsions, which were being contested in the U.S. District Court for the District of Delaware.
Under the terms of the agreement, Heron has granted Mylan a license to market generic versions of both products in the United States beginning June 1, 2032, or earlier under certain customary circumstances. This date is approximately three years before the expiration of Heron's Orange Book-listed patents, which are set to expire in 2035.
Background of the Patent Dispute
The patent litigation began when Heron initiated legal action against Mylan in September 2023 for CINVANTI and January 2024 for APONVIE. These actions were in response to Mylan's abbreviated new drug applications (ANDAs) seeking U.S. Food and Drug Administration approval to market generic versions of both products before the expiration of Heron's patents.
CINVANTI and APONVIE are both formulations of aprepitant, a substance P/neurokinin-1 (NK1) receptor antagonist. CINVANTI is indicated for the prevention of acute and delayed chemotherapy-induced nausea and vomiting (CINV), while APONVIE is used for the prevention of postoperative nausea and vomiting (PONV).
Settlement Details and Market Implications
As part of the settlement, both companies will file a proposed Stipulation and Order of Dismissal with the U.S. District Court for the District of Delaware, requesting dismissal of the pending litigation between the parties.
This agreement provides Heron with certainty regarding market exclusivity for both products until mid-2032, allowing the company to continue maximizing the commercial potential of these therapies for several more years. For Mylan, the settlement secures a defined pathway to market entry for their generic versions ahead of the patents' natural expiration.
The settlement represents a common resolution in pharmaceutical patent disputes, where innovator companies often negotiate controlled generic entry dates rather than risk earlier market entry through litigation.
Strategic Importance of CINVANTI and APONVIE
Both products are significant components of Heron's commercial portfolio. CINVANTI, approved by the FDA in November 2017, offers advantages over earlier formulations of aprepitant by eliminating the need for polysorbate 80, a synthetic surfactant that has been associated with hypersensitivity reactions.
APONVIE, more recently approved, represents the first and only IV formulation of aprepitant for PONV, providing healthcare providers with an important option for surgical patients.
Company Outlook
Heron Therapeutics, headquartered in Cary, North Carolina, is a commercial-stage biotechnology company focused on developing therapeutic innovations that improve medical care. The company's portfolio includes products for acute care and oncology patients.
"This settlement provides clarity regarding the future of our CINVANTI and APONVIE franchises," said Ira Duarte, Executive Vice President and Chief Financial Officer of Heron Therapeutics. "By resolving this litigation, we can focus our resources on continuing to advance our innovative pipeline and maximize the value of our current commercial products."
The resolution of these patent disputes allows Heron to maintain market exclusivity for these products for several more years while providing a clear timeline for generic entry, balancing innovation protection with eventual market competition.
Industry Context
This settlement follows a common pattern in the pharmaceutical industry, where patent challenges under the Hatch-Waxman Act frequently lead to negotiated settlements. Such agreements typically allow generic manufacturers to enter the market before patent expiration but after the innovator company has had sufficient time to recoup research and development investments.
For patients and healthcare providers, the eventual introduction of generic alternatives typically leads to greater accessibility and reduced costs, while the period of exclusivity supports continued pharmaceutical innovation.
