SOMERSET, N.J., May 29 /PRNewswire/ -- MedPointe Pharmaceuticals today announced that it has settled litigation to enforce its U.S. Patent No. 6,417,206, (“the ‘206 patent”) which covers its Tussi-12(R)D products, against Hi-Tech Pharmacal Co., Inc. Under the terms of the agreement, Hi-Tech will immediately cease to manufacture and distribute its generic version of Tussi- 12(R)D suspension and pay MedPointe $2.5 million. Hi-Tech also consented to entry of a permanent injunction that prevents it from offering to sell or selling a generic version of MedPointe’s patented Tussi-12(R)D suspension during the term of the ‘206 patent. The U.S. District Court for the District of New Jersey entered the consent order and permanent injunction, which also acknowledges the validity and enforceability of the ‘206 patent, on May 25, 2007.
MedPointe plans to resume promotion of its Tussi-12(R)D products, having successfully enforced the ‘206 patent against Hi-Tech and four other manufacturers who had previously challenged the ‘206 patent. All challenges to the ‘206 patent have resulted in similar consent orders and permanent injunctions from the U.S. District Court for the District of New Jersey that prevent the manufacturers from offering to sell or selling generic versions of MedPointe’s patented TUSSI-12(R)D products during the term of the ‘206 patent.
MedPointe also ended a separate lawsuit with Hi-Tech, resolving various claims brought by Hi-Tech against MedPointe and JFC Technologies. Under the terms of the agreement, MedPointe will transfer to Hi-Tech its Vosol(R) and Vosol(R) HC brand otic antibiotics, and the related new drug applications.
MEDPOINTE PHARMACEUTICALS
MedPointe Pharmaceuticals is a privately held, specialty pharmaceutical company located in Somerset, New Jersey. MedPointe specializes in respiratory, allergy, central nervous system, and cough-cold products. The company maintains a manufacturing facility in Decatur, Illinois. For more information on MedPointe, visit www.medpointepharma.com.
MedPointe Pharmaceuticals
CONTACT: John J. Howarth, Vice President Public Affairs & InvestorRelations of MedPointe, Inc., +1-732-564-2297
Web site: http://www.medpointepharma.com/
