U.S. Patent and Trademark Office Grants Reissued Patent Replacing OSI Pharmaceuticals, Inc.'s Tarceva(R) Composition of Matter Patent

MELVILLE, N.Y.--(BUSINESS WIRE)--OSI Pharmaceuticals, Inc. (NASDAQ: OSIP) today announced that the U.S. Patent & Trademark Office (PTO) has granted reissue patent RE41,065, replacing Tarceva’s® (erlotinib) composition of matter patent (formerly No.5,747,498). The Company had applied for the reissue patent in February 2008, and on September 17, 2009 the Company had announced that the PTO had issued a “Notice of Allowance” accepting the Company’s application to correct certain errors relating to the claiming of compounds, other than Tarceva, which had fallen outside of the scope of the main claim of the patent. The reissue patent will have the same November 18, 2018 expiration date (excluding any potential six-month pediatric exclusivity period) as the original ‘498 patent.
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