Healthcare Industry News:  OxyContin 

Biopharmaceuticals Generics Litigation

 News Release - February 1, 2006

Endo Pharmaceuticals Announces Federal Circuit Court of Appeals Remands OxyContin Patent Case

CHADDS FORD, Pa., Feb. 1 (HSMN NewsFeed) -- Endo Pharmaceuticals Holdings Inc. (Nasdaq: ENDP ) today announced that the Federal Circuit Court of Appeals has vacated its unanimous June 7, 2005 affirmance of the Opinion and Order issued in Endo's favor by the U.S. District Court for the Southern District of New York, which found Purdue liable for its inequitable conduct in the U.S. Patent and Trademark Office. The Federal Circuit also affirmed the district court's finding that, if Purdue's patents are enforceable, Endo's oxycodone extended-release tablets infringe these patents. Further, the Federal Circuit issued a new opinion today remanding the case to the same district court for its further consideration as to whether the Purdue patents are unenforceable.

On June 7, 2005, Endo launched its oxycodone extended-release tablets, 10mg, 20mg, 40mg, and 80mg, a bioequivalent version of Purdue Frederick's OxyContin, following the Federal Circuit's affirmance of the district court's opinion.

"Endo intends to vigorously pursue its position that Purdue's patents are unenforceable as the federal district court originally ruled," said Caroline B. Manogue, Endo's executive vice president and chief legal officer.

About Endo

Endo Pharmaceuticals Holdings Inc. is a fully integrated specialty pharmaceutical company with market leadership in pain management products. Through its Endo Pharmaceuticals Inc. subsidiary, the company researches, develops, produces and markets a broad product offering of both branded and generic pharmaceuticals, meeting the needs of healthcare professionals and consumers alike. More information, including this and past press releases of Endo Pharmaceuticals Holdings Inc., is available online at http://www.endo.com.

Forward-Looking Statements

This press release contains 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, as amended, that are based on management's beliefs and assumptions, current expectations, estimates and projections. Statements that are not historical facts, including statements which are preceded by, followed by, or that include, the words "believes," "anticipates," "plans," "expects" or similar expressions and statements are forward-looking statements. Endo's estimated or anticipated future results, product performance or other non-historical facts are forward-looking and reflect Endo's current perspective on existing trends and information. Many of the factors that will determine the Company's future results are beyond the ability of the Company to control or predict. These statements are subject to risks and uncertainties and, therefore, actual results may differ materially from those expressed or implied by these forward-looking statements. The reader should not rely on any forward-looking statement. The Company undertakes no obligation to update any forward-looking statements whether as a result of new information, future events or otherwise. Several important factors, in addition to the specific factors discussed in connection with these forward-looking statements individually, could affect the future results of Endo and could cause those results to differ materially from those expressed in the forward-looking statements contained in this press release. Important factors that may affect future results include, but are not limited to: market acceptance of the Company's products and the impact of competitive products and pricing; dependence on sole source suppliers; the success of the Company's product development activities and the timeliness with which regulatory authorizations and product launches may be achieved; successful compliance with extensive, costly, complex and evolving governmental regulations and restrictions; the availability on commercially reasonable terms of raw materials and other third party manufactured products; exposure to product liability and other lawsuits and contingencies; dependence on third party suppliers, distributors and collaboration partners; the ability to timely and cost effectively integrate acquisitions; uncertainty associated with pre-clinical studies and clinical trials and regulatory approval; uncertainty of market acceptance of new products; the difficulty of predicting FDA approvals; risks with respect to technology and product development; the effect of competing products and prices; uncertainties regarding intellectual property protection; uncertainties as to the outcome of litigation; changes in operating results; impact of competitive products and pricing; product development; changes in laws and regulations; customer demand; possible future litigation; availability of future financing and reimbursement policies of government and private health insurers and others; and other risks and uncertainties detailed in Endo's filings with the Securities and Exchange Commission, including its Registration Statement on Form S-3 filed with the SEC on April 30, 2004, as amended, in Endo's Registration Statement on Form S-3 filed with the SEC on September 2, 2005, as amended, and in Endo's Registration Statement on Form S-3 filed with the SEC on January 19, 2006. Readers should evaluate any statement in light of these important factors.


Source: Endo Pharmaceuticals

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