WOODCLIFF LAKE, N.J., April 1 /PRNewswire-FirstCall/ -- Barr
Pharmaceuticals, Inc. (NYSE: BRL) today announced that the U.S. District Court
in New Jersey has granted summary judgment of invalidity on an additional
patent in Barr Laboratories, Inc.'s ("Barr"), patent challenge litigation
involving Allegra(R) (Fexofenadine Hydrochloride) allergy treatment products.
The court had previously granted summary judgment of non-infringement with
respect to three other patents in the case.
The court has yet to rule on six patents remaining in the litigation --
three method-of-use patents, two raw material patents and a formulation patent
that has been asserted only against the generic version of Allegra-D(R).
While no trial date has been set, Barr anticipates that the case may be ready
for trial later this year.
"We are very pleased that the Judge has removed an additional obstacle in
our Allegra patent challenge, as we continue our progress toward a trial,"
said Bruce L. Downey, Barr Pharmaceutical's Chairman and CEO. "We remain
committed to bringing this litigation to a successful conclusion for Barr and
the millions of allergy sufferers who take Allegra," Downey continued.
Barr filed an Abbreviated New Drug Application (ANDA) for Fexofenadine HCI
60 mg capsules in May 2001, an ANDA for Fexofenadine HCI 30 mg, 60 mg, and 180
mg tablets in June 2001, and an ANDA for Fexofenadine Hydrochloride 60 mg and
Pseudoephedrine Hydrochloride 120 mg Extended-Release Tablets (marketed by
Aventis as Allegra-D) in September 2001. The Company believes it was the first
applicant to file an ANDA containing a paragraph IV patent challenge with
respect to the capsule and tablet products and that Barr was the first to file
on all but one of the patents relating to the Allegra-D product. Barr
recently filed an action against FDA asserting that Barr is entitled to 180
days of generic exclusivity on the Allegra D product.
Aventis filed suits in 2001 in the United States District Court for the
District of New Jersey seeking to prevent approval of Barr's ANDAs until after
the expiration of various patents, the last of which expires in 2018. Aventis
and AMR Technology, Inc. filed an additional suit against Barr's products in
March of 2004.
Allegra(R) is indicated for the relief of symptoms associated with
seasonal allergic rhinitis and for the treatment of uncomplicated skin
manifestations of chronic idiopathic urticaria in adults and children 6 years
of age and older. Allegra-D(R) is indicated for the relief of symptoms
associated with seasonal allergic rhinitis in adults and children 12 years of
age and older. For the 12 months ending January 2005, Allegra tablets had
sales of approximately $1.5 billion, while Allegra-D had annual sales of
approximately $432 million, based on IMS sales data.
Barr Pharmaceuticals, Inc., a holding company that operates through its
principal subsidiaries, Barr Laboratories, Inc. and Duramed Pharmaceuticals,
Inc., is engaged in the development, manufacture and marketing of generic and
proprietary pharmaceuticals.
Forward-Looking Statements
Except for the historical information contained herein, the statements
made in this press release 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. Forward-looking statements can be identified
by their use of words such as "expects," "plans," "projects," "will," "may,"
"anticipates," "believes," "should," "intends," "estimates" and other words of
similar meaning. Because such statements inherently involve risks and
uncertainties that cannot be predicted or quantified, actual results may
differ materially from those expressed or implied by such forward-looking
statements depending upon a number of factors affecting the Company's
business. These factors include, among others: the difficulty in predicting
the timing and outcome of legal proceedings, including patent-related matters
such as patent challenge settlements and patent infringement cases; the
outcome of litigation arising from challenging the validity or non-
infringement of patents covering our products; the difficulty of predicting
the timing of FDA approvals; court and FDA decisions on exclusivity periods;
the ability of competitors to extend exclusivity periods for their products;
our ability to complete product development activities in the timeframes and
for the costs we expect; market and customer acceptance and demand for our
pharmaceutical products; our dependence on revenues from significant
customers; reimbursement policies of third party payors; our dependence on
revenues from significant products; the use of estimates in the preparation of
our financial statements; the impact of competitive products and pricing on
products, including the launch of authorized generics; the ability to launch
new products in the timeframes we expect; the availability of raw materials;
the availability of any product we purchase and sell as a distributor; the
regulatory environment; our exposure to product liability and other lawsuits
and contingencies; the increasing cost of insurance and the availability of
product liability insurance coverage; our timely and successful completion of
strategic initiatives, including integrating companies and products we acquire
and implementing our new enterprise resource planning system; fluctuations in
operating results, including the effects on such results from spending for
research and development, sales and marketing activities and patent challenge
activities; the inherent uncertainty associated with financial projections;
changes in generally accepted accounting principles; and other risks detailed
from time-to-time in our filings with the Securities and Exchange Commission,
including in our Annual Report on Form 10-K for the fiscal year ended June 30,
2004.
The forward-looking statements contained in this press release speak only
as of the date the statement was made. The Company undertakes no obligation
(nor does it intend) to publicly update or revise any forward-looking
statements, whether as a result of new information, future events or
otherwise, except to the extent required under applicable law.
SOURCE Barr Pharmaceuticals, Inc.
 back to top
Related links:
http://www.barrlabs.com
Company News On-Call:
http://www.prnewswire.com/comp/089750.html
CONTACT:
Carol A. Cox, Barr Pharmaceuticals, Inc.,
+1-201-930-3720, ccox@barrlabs.com
NOTE TO EDITORS: Barr Pharmaceuticals, Inc. news releases are
available free of charge through PR Newswire's News On-Call site
at http://www.prnewswire.com/comp/089750.html. Barr news
releases and corporate information are also available on Barr's
website (http://www.barrlabs.com). For complete indications,
warnings and contraindications, contact Barr Laboratories'
Product Information Department at 1-800-Barr Lab. All trademarks
referenced herein are the property of their respective owners.
|
