Forest Laboratories, Inc. and Merz Pharma GmbH & Co. KGaA File Additional Lawsuit Against Several Companies for Patent Infringement

NEW YORK, Jan. 25 /PRNewswire-FirstCall/ -- Forest Laboratories, Inc. , Forest Laboratories Holdings, Ltd., Merz Pharma GmbH & Co. KgaA, and Merz Pharmaceuticals GmbH announced that they have filed a second lawsuit in the U.S. District Court for the District of Delaware against additional companies for infringement of U.S. Patent No. 5,061,703 (the ‘703 patent), which relates to Forest’s Namenda(R) product. The defendants named in the lawsuit include Dr. Reddy’s Laboratories Limited, Genpharm Inc., Interpharm Inc., Mylan Pharmaceuticals Inc., Ranbaxy Laboratories Limited, Sun India Pharmaceutical Industries Limited, and related companies and subsidiaries thereof. The ‘703 patent expires in April 2010. Forest has applied for patent term extension which, if granted, would extend the ‘703 patent until September 2013.

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As previously reported, Forest and Merz had received notification from several companies that they had filed Abbreviated New Drug Applications with Paragraph IV certifications to obtain approval to market generic versions of Namenda and commenced an action in patent infringement in the U.S. District Court in Delaware against such filers.

Except for the historical information contained herein, this release contains forward-looking statements within the meaning of the Private Securities Litigation Reform act of 1995. These statements involve a number of risks and uncertainties, including the difficulty of predicting FDA approvals, the acceptance and demand for new pharmaceutical products, the impact of competitive products and pricing, the timely development and launch of new products, and the risk factors listed from time to time in each of Forest Laboratories’ Annual Reports on Form 10-K, Quarterly Reports on Form 10-Q, and any subsequent SEC filings.

CONTACT: Charles E. Triano, Vice President - Investor Relations, Forest
Laboratories, Inc., +1-212-224-6714, charles.triano@frx.com

Web site: http://www.frx.com/

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