ST. DAVID’S, Bermuda, July 24 /PRNewswire-FirstCall/ -- Warner Chilcott Limited announced today that LEO Pharma A/S (“LEO Pharma”) has received a Right of Appeal Notice from the U.S. Patent and Trademark Office (the “USPTO”). In September 2006, the USPTO ordered a reexamination of LEO Pharma’s US Patent No. 6,753,013 (the “013 Patent”) in response to a request made by Galderma R&D. The 013 Patent covers TACLONEX(R) products and certain of LEO Pharma’s products in development. Warner Chilcott markets and sells TACLONEX(R) products in the United States under a license agreement with LEO Pharma and has license rights to certain products in development.
In the Right of Appeal Notice, the patent examiner allowed the specific formulation claim for TACLONEX(R) ointment, but rejected the remaining pending claims in the reexamination of LEO Pharma’s 013 Patent. LEO Pharma intends to vigorously defend the 013 Patent and will file an appeal with the USPTO.
While we can offer no assurance as to the ultimate outcome of the appeal of the reexamination proceedings, Warner Chilcott continues to believe that LEO Pharma will succeed in maintaining the important elements of the patent protection for TACLONEX(R) products, particularly based on the timing, extent and quality of the development work conducted by LEO Pharma with vitamin D analogues in combination with corticosteroids.
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Warner Chilcott is a leading specialty pharmaceutical company currently focused on the women’s healthcare and dermatology segments of the U.S. pharmaceuticals market. It is a fully integrated company with internal resources dedicated to the development, manufacturing and promotion of its products. WCRX-G
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Forward Looking Statements
This press release contains forward-looking statements, including statements concerning our operations, our economic performance and financial condition, and our business plans and growth strategy and product development efforts. These statements 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. The words “may,” “might,” “will,” “should,” “estimate,” “project,” “plan,” “anticipate,” “expect,” intend,” “outlook,” “believe” and other similar expressions are intended to identify forward- looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of their dates. These forward-looking statements are based on estimates and assumptions by our management that, although believed to be reasonable, are inherently uncertain and subject to a number of risks and uncertainties.
The following represent some, but not necessarily all, of the factors that could cause actual results to differ from historical results or those anticipated or predicted by our forward-looking statements: our substantial indebtedness; competitive factors in the industry in which we operate (including the approval and introduction of generic or branded products that compete with our products); our ability to protect our intellectual property; a delay in qualifying our manufacturing facility to produce our products or production or regulatory problems with either third party manufacturers upon whom we may rely for some of our products or our own manufacturing facility; pricing pressures from reimbursement policies of private managed care organizations and other third party payors, government sponsored health systems, the continued consolidation of the distribution network through which we sell our products, including wholesale drug distributors and the growth of large retail drug store chains; the loss of key senior management or scientific staff; adverse outcomes in our outstanding litigation or an increase in the number of litigation matters to which we are subject; government regulation affecting the development, manufacture, marketing and sale of pharmaceutical products, including our ability and the ability of companies with whom we do business to obtain necessary regulatory approvals; our ability to manage the growth of our business by successfully identifying, developing, acquiring or licensing new products at favorable prices and marketing such new products; our ability to obtain regulatory approval and customer acceptance of new products, and continued customer acceptance of our existing products; changes in tax laws or interpretations that could increase our consolidated tax liabilities; the other risks identified in our Annual Report on Form 10-K for the year ended December 31, 2007; and other risks detailed from time-to-time in our public filings, financial statements and other investor communications.
We caution you that the foregoing list of important factors is not exclusive. In addition, in light of these risks and uncertainties, the matters referred to in our forward-looking statements may not occur. We undertake no obligation to publicly update or revise any forward-looking statement as a result of new information, future events or otherwise, except as may be required by law.
CONTACT: Rochelle Fuhrmann, Investor Relations, Warner Chilcott Limited,
+1-973-442-3281, rfuhrmann@wcrx.com
Web site: http://www.warnerchilcott.com/
