Barr Pharmaceuticals, Inc. Subsidiary Sues Watson Pharmaceuticals, Inc. and Sandoz Pharmaceuticals for SEASONALE(R) Patent Infringement
Published: Dec 14, 2007
MONTVALE, N.J., Dec. 14 /PRNewswire-FirstCall/ -- Barr Pharmaceuticals, Inc. today announced that its wholly-owned subsidiary, Duramed Pharmaceuticals, Inc. has filed suits against Watson Pharmaceuticals and against Sandoz, a subsidiary of Novartis for infringement of the patent protecting Duramed's SEASONALE(R) extended-cycle oral contraceptive product. Duramed has initiated patent litigation in the U.S. District Court for the District of New Jersey seeking injunctive relief.
"We will pursue all means to enforce the patent covering our SEASONALE extended-cycle oral contraceptive, which was reissued by the PTO in September," said Bruce L. Downey, Barr's Chairman and CEO. "We believe that Watson's product should be removed from the market, and that the Company is due monetary compensation from Watson. In addition, we intend to protect our intellectual property from potential generic competition by Sandoz while our patent is in force."
In September 2007, the U.S. Patent and Trademark Office (PTO) reissued Duramed's patent, U.S. Patent No. 5,898,032, for SEASONALE. The reissued patent has a new number, RE39861, and the same expiration date of June 23, 2017.
In June 2004, Barr was notified by Watson that it had filed an Abbreviated New Drug Application (ANDA) containing a paragraph IV certification asserting that the patent covering SEASONALE was invalid, unenforceable or would not be infringed by Watson's generic product. At that time, the Company did not initiate patent infringement litigation with respect to Watson's ANDA. In September 2006, Watson launched a generic version of SEASONALE following final approval from the U.S. Food & Drug Administration (FDA).
In November 2007, Sandoz notified Duramed that it had filed an ANDA containing a paragraph IV certification asserting that the patent covering SEASONALE was invalid, unenforceable or would not be infringed by Sandoz's generic product.
About Barr Pharmaceuticals, Inc.
Barr Pharmaceuticals, Inc. is a global specialty pharmaceutical company that operates in more than 30 countries worldwide and is engaged in the development, manufacture and marketing of generic and proprietary pharmaceuticals, biopharmaceuticals and active pharmaceutical ingredients. A holding company, Barr operates through its principal subsidiaries: Barr Laboratories, Inc., Duramed Pharmaceuticals, Inc. and PLIVA d.d. and its subsidiaries. The Barr Group of companies markets more than 115 generic and 25 proprietary products in the U.S. and more than 1,200 products globally outside of the U.S.
Except for the historical information contained herein, the statements made in this press release constitute forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Forward-looking statements can be identified by their use of words such as "expects," "plans," "projects," "will," "may," "anticipates," "believes," "should," "intends," "estimates" and other words of similar meaning. Because such statements inherently involve risks and uncertainties that cannot be predicted or quantified, actual results may differ materially from those expressed or implied by such forward-looking statements depending upon a number of factors affecting the Company's business. These factors include, among others: the difficulty in predicting the timing and outcome of legal proceedings, including patent-related matters such as patent challenge settlements and patent infringement cases; the outcome of litigation arising from challenging the validity or non- infringement of patents covering our products; the difficulty of predicting the timing of FDA approvals; court and FDA decisions on exclusivity periods; the ability of competitors to extend exclusivity periods for their products; our ability to complete product development activities in the timeframes and for the costs we expect; market and customer acceptance and demand for our pharmaceutical products; our dependence on revenues from significant customers; reimbursement policies of third party payors; our dependence on revenues from significant products; the use of estimates in the preparation of our financial statements; the impact of competitive products and pricing on products, including the launch of authorized generics; the ability to launch new products in the timeframes we expect; the availability of raw materials; the availability of any product we purchase and sell as a distributor; the regulatory environment in the markets where we operate; our exposure to product liability and other lawsuits and contingencies; the increasing cost of insurance and the availability of product liability insurance coverage; our timely and successful completion of strategic initiatives, including integrating companies (such as PLIVA d.d.) and products we acquire and implementing our new SAP enterprise resource planning system; fluctuations in operating results, including the effects on such results from spending for research and development, sales and marketing activities and patent challenge activities; the inherent uncertainty associated with financial projections; our expansion into international markets through our PLIVA acquisition, and the resulting currency, governmental, regulatory and other risks involved with international operations; our ability to service our significantly increased debt obligations as a result of the PLIVA acquisition; changes in generally accepted accounting principles; and other risks detailed in our SEC filings, including in our Transition Report on Form 10-K/T for the six months ended December 31, 2006.
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CONTACT: Carol A. Cox of Barr Pharmaceuticals, Inc., +1-201-930-3720,
Web site: http://www.barrlabs.com/
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