Actavis Reaches Settlement With Mallinckrodt Over Exalgo® 32 mg Dosage Strength

PARSIPPANY, N.J, Feb. 14, 2013 /PRNewswire/ -- Actavis, Inc. (NYSE: ACT) today announced that it has reached a settlement with Mallinckrodt Inc. on outstanding patent litigation related to Actavis’ generic version of the 32 mg dosage strength of Mallinckrodt‘s Exalgo® (Hydromorphone Hydrochloride Extended-Release) tablets.

In January of 2012, Actavis and Mallinckrodt previously settled litigation involving the 8 mg, 12 mg and 16 mg dosage strengths of the product. Mallinckrodt filed its current lawsuit on October 25, 2012 in the U.S. District Court for the District of New Jersey following Actavis’ filing of an Amendment to an Abbreviated New Drug Application (ANDA) with the U.S. Food and Drug Administration (FDA) seeking approval to market its product in the 32 mg dosage strength.

Under terms of the settlement agreement, Mallinckrodt has granted Actavis a royalty-free license to U.S. patents relating to Exalgo to sell Actavis’ 32 mg product starting on May 15, 2014. Other details of the settlement were not disclosed.

Based on available information, Actavis believes it may be a “first applicant” to file an ANDA for the generic version of the 32 mg dosage strength of Exalgo® and, should its ANDA be approved, may be entitled to 180 days of generic market exclusivity.

About Actavis

Actavis, Inc. (NYSE: ACT) is a global, integrated specialty pharmaceutical company focused on developing, manufacturing and distributing generic, brand and biosimilar products. The Company has global and U.S. headquarters in Parsippany, New Jersey, USA, and international headquarters in Zug, Switzerland.

Actavis is the world’s third-largest generics prescription drug manufacturer. Operating as Actavis Pharma, the Company develops, manufactures and markets generic, branded generic, legacy brands and Over-the-Counter (OTC) products in more than 60 countries. The Company is ranked in the top 3 in 12 global markets, the top 5 in 16 global markets, and in the top 10 in 33 global markets. Actavis Pharma also develops and out-licenses generic pharmaceutical products outside the U.S. through its Medis third-party business, the world’s largest generic pharmaceutical out-licensing business. Medis has more than 300 customers globally, and offers a broad portfolio of more than 200 products.

Actavis Specialty Brands is the Company’s global branded specialty pharmaceutical business, which develops and markets a portfolio of approximately 40 products principally in the United States and Canada that are focused in the Urology and Women’s Health therapeutic categories. Actavis Specialty Brands is committed to developing and marketing biosimilars products in Women’s Health, Oncology and other therapeutic categories, and currently has a portfolio of 5 biosimilar products in development.

Actavis Global Operations has more than 30 manufacturing and distribution facilities around the world, with a capacity of approximately 44 billion units annually. Actavis Global Operations also includes Anda, Inc., the fourth-largest U.S. generic pharmaceutical product distributor in the United States.

For press release and other company information, visit Actavis’ Web site at http://www.actavis.com.

Forward-Looking Statement

Statements contained in this press release that refer to non-historical facts are forward-looking statements that reflect Actavis’ current perspective of existing information as of the date of this release. It is important to note that Actavis’ goals and expectations are not predictions of actual performance. Actual results may differ materially from Actavis’ current expectations depending upon a number of factors, risks and uncertainties affecting Actavis’ business. These factors include, among others, the impact of competitive products and pricing; the timing and success of product launches; difficulties predicting the timing our outcome of product development efforts and regulatory agency approvals or actions, if any; difficulties or delays in manufacturing; the availability and pricing of third party sourced products and materials; successful compliance with FDA and other governmental regulations applicable to Actavis and its third party manufacturers’ facilities, products and/or businesses; changes in the laws and regulations, including Medicare and Medicaid, affecting among other things, pricing and reimbursement of pharmaceutical products; and such other risks and uncertainties detailed in Actavis’ periodic public filings with the Securities and Exchange Commission, including but not limited to Actavis’ Annual Report on form 10-K for the year ended December 31, 2011 and its Quarterly Report on Form 10-Q for the period ended September 30, 2012 (such periodic public filings having been filed under the “Watson Pharmaceuticals, Inc.” name). Except as expressly required by law, Actavis disclaims any intent or obligation to update these forward-looking statements.

Exalgo® is a registered trademark of Mallinckrodt LLC.

CONTACTS:
Investors:
Lisa DeFrancesco
(862) 261-7152
Media:
Charlie Mayr
(862) 261-8030

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SOURCE Actavis, Inc.

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