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Mutual Pharmaceutical Company Files Counter Suit Against Adams Respiratory Therapeutics


10/18/2006 11:28:31 AM

PHILADELPHIA, Oct. 18 /PRNewswire/ -- United Research Laboratories, Inc. and Mutual Pharmaceutical Company, Inc. ("Mutual") today announce that the company has filed a counter suit against Adams Respiratory Therapeutics on antitrust, tortious interference and unfair competition grounds. Adams filed lawsuits against Mutual in New Jersey and Pennsylvania alleging patent infringement after the company filed an Abbreviated New Drug Application (ANDA) with the U.S. Food and Drug Administration for guaifenesin extended- release tablets, 600 mg and 1200 mg. Mutual has answered the Pennsylvania lawsuit and filed multiple antitrust counterclaims, and Mutual plans to file a motion to dismiss the New Jersey case. In addition, Mutual has filed for summary judgment in Pennsylvania (available at: http://www.urlmutual.com/guaifenesin9.pdf) and has been assigned Judge Paul S. Diamond. His published practice and procedures indicate that he favors a prompt resolution of cases and allows only a limited time for fact discovery (http://www.paed.uscourts.gov/documents/procedures/diapol.pdf).

"Our case is both simple and straightforward, and we are seeking a quick summary judgment decision. We could not possibly violate Adams' patent for two key reasons. First, Mutual's guaifenesin extended-release tablets were on the market for years before Adams filed for its Mucinex(R) patent; you cannot claim something that has already been known and sold. Second, Adams' patent covers a bi-layer tablet, whereas Mutual's product is a uniform, matrix composition. We are seeking a prompt ruling on our summary judgment motion and expect to launch our guaifenesin extended-release tablets in the summer of 2007," said Richard H. Roberts, M.D., Ph.D., President and Chief Executive Officer of United Research Laboratories/Mutual Pharmaceutical Company.

A summary of our press releases related to this matter can be found at: http://www.urlmutual.com/guaifenesin.htm

About United Research Laboratories/Mutual Pharmaceutical Company

United Research Laboratories/Mutual Pharmaceutical Company is a leading national supplier of prescription pharmaceutical products. It manufactures and distributes one of the most extensive product lines in the generic industry and has a rapidly growing pipeline of generic and branded products. Since the company's inception in 1946, it has accumulated 250 abbreviated new drug application (ANDA) approvals and four new drug application (NDA) approvals from the U.S. Food & Drug Administration. The company's branded affiliate, AR Scientific, distributes the antibiotics Bactrim and Bactrim DS and the only FDA approved Quinine Sulfate product, Qualaquin(TM). URL/Mutual currently manufactures 2.4 billion tablets and capsules per year and has the capacity to manufacture 4.5 billion. URL/Mutual is a privately held, Philadelphia-based company that has had 6 years of growth in Revenue and EBITDA. 2005 Net Revenue was over $306 million and EBITDA over $100 million.

For further information, please call 215-697-1900 for Richard P. Foster, Vice President, Marketing and Strategic Analysis, or visit www.urlmutual.com.

URL/Mutual Pharmaceutical Company

CONTACT: Richard P. Foster, Vice President, Marketing and StrategicAnalysis, +1-215-697-1900, for URL/Mutual Pharmaceutical Company



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