Pacira settles EXPAREL patent litigation with Fresenius Kabi, pays $7.0 million
Pacira and its subsidiary settled all outstanding claims in patent litigation over EXPAREL with Fresenius Kabi, eVenus and Jiangsu Hengrui. Under the agreement, Pacira will license Fresenius Kabi to sell volume-limited amounts of generic bupivacaine liposome injectable suspension in the U.S. starting in early 2030, with unlimited generic sales permitted from 2039, both before the July 2, 2044 expiration of the last Orange Book-listed EXPAREL patent. Pacira will also pay the Fresenius Parties $7.0 million, which it said reflects expected savings from avoiding continued litigation costs.
Key points
- Settlement entered April 7, 2025, covering seven listed patent infringement suits and related actions
- Volume-limited generic entry starts in early 2030 at a confidential percentage that begins in the high single digits of U.S. volumes and rises to a maximum in the high thirties
- Unlimited generic license begins no earlier than 2039, before the July 2, 2044 patent expiration
- Pacira will pay the Fresenius Parties $7.0 million; the full agreement will be filed with the 10-Q for the quarter ending March 31, 2025
The filing
Written by AI on Nov 8, 2026, 6:57 AM ET, from this filing only. Written later: this filing was briefed after the fact, when past filings were added to the site, so the brief may be read with hindsight; the filing itself is the record of what was known on April 07, 2025.
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