Esperion, Daiichi Sankyo Europe settle litigation

ANN ARBOR–Esperion Therapeutics Inc. (NASDAQ: ESPR) and Daiichi Sankyo Europe GmbH, the Europe-based organization of the Japanese pharmaceutical company Daiichi Sankyo Co. Ltd., announced a $125 million amendment to their collaboration, which includes an amicable resolution to their commercial dispute and other adjustments to enhance the long-term value of their products.

DSE has agreed to pay Esperion $100 million in mid-January ahead of an anticipated Type II(a) variation approval by the European Medicines Agency (EMA) for Nilemdo (bempedoic acid) Tablet and Nustendi (bempedoic acid and ezetimibe) Tablet. DSE will make an additional $25 million payment to Esperion in the quarter immediately following EMA’s decision on the pending application. The legal action pending in the United States District Court for the Southern District of New York will be dismissed.

The parties also agreed, as part of the resolution:

  • for Esperion to transition to DSE manufacturing and supply responsibilities in Europe and other territories, resulting in significant cost savings and efficiencies for both companies.
  • to expand their collaboration in Europe and other territories, to include the potential development and commercialization of a triple formulation product comprising bempedoic acid, ezetimibe and a statin, which could represent significant long-term value for the collaboration.
  • for DSE to now lead all regulatory communications with the EMA regarding the pending applications.

“We are pleased that this settlement creates value for Esperion today through cash payments and includes additional terms that will continue creating value for both companies going forward,” said Sheldon Koenig, Esperion president and CEO. “Importantly, today’s settlement allows Esperion and DSE to focus on the business at hand–delivering life-saving drug therapies to millions with high cholesterol. Together, we are committed to making bempedoic acid a blockbuster franchise worldwide, based on the differentiating profiles of our products.”

Added Oliver Appelhans, head of the specialty operations unit of Daiichi Sankyo Europe: “This is a positive resolution for patients. We look forward to continuing to apply our combined strengths around the world to bring innovative pharmaceutical products to patients with cardiovascular disease, the greatest cause of death and disability globally.”

Since 2019, Esperion and DSE have worked together to bring bempedoic acid to the eligible patient population and unlock its potential for cardiovascular risk reduction. The partnership continues to grow, with DSE recently gaining approvals for bempedoic acid in the Netherlands, Slovakia, and Spain.

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