HAYWARD, Calif.--(BUSINESS WIRE)--IMPAX Laboratories, Inc. (OTC: IPXL) (“IMPAX” or “the Company”) today announced that the United States Court of Appeals for the Federal Circuit ruled that the district court had erred in deciding, after trial, that the patent relating to the use of riluzole in treating ALS (Pat. No. 5,527,814) was valid and has vacated that decision and remanded it back to the district court for further proceedings related to the validity issue of anticipation. On December 12, 2002, in an earlier decision, the United States District Court for the District of Delaware granted a preliminary injunction motion brought by Aventis on October 15, 2002, which delayed IMPAX’s entry into the market. IMPAX’s ANDA for its generic version of Rilutek® (riluzole) 50mg tablets was approved on January 29, 2003. IMPAX expects to request that the injunction preventing the Company from launching its generic version of Rilutek® be lifted upon return of the case to the lower court.
