Healthcare Industry News:  Ethyol 

Biopharmaceuticals Generics Litigation

 News Release - January 10, 2007

MedImmune Announces District Court's Rejection of Sun Pharmaceutical's Motion to End Litigation Regarding Generic Amifostine

GAITHERSBURG, Md., Jan. 10 (HSMN NewsFeed) -- MedImmune, Inc. (Nasdaq: MEDI ) today announced that the U.S. District Court for the District of Maryland has rejected Sun Pharmaceutical Industries, Ltd.'s (Sun) motion to end the patent infringement action regarding Sun's proposed generic amifostine product. MedImmune Oncology, Inc. initially filed suit against Sun in August 2004.

MedImmune Oncology is a subsidiary of MedImmune, through which the company manufactures Ethyol (amifostine). To date, Ethyol accounts for all oncology-based revenues for the company. Over the last several years, MedImmune has substantially increased the reinvestment of its revenue dollars back into research and development, in large part focused on expanding and advancing its oncology portfolio. As such, the company now has 20 oncology product candidates in various stages of development.

In yesterday's decision, the court specifically denied Sun's motion for summary judgment of non-infringement of MedImmune's U.S. Patent No. 5,591,731 (the '731 patent). At the same time, the court granted Sun's motion for summary judgment in part, ruling that Sun's proposed amifostine product does not infringe a different patent, U.S. Patent No. 5,424,471 (the '471 patent). The '731 and '471 patents cover Ethyol.

"This decision means that MedImmune may continue its efforts of vigorously enforcing the '731 patent against Sun,'" said William C. Bertrand, Jr., J.D., MedImmune's senior vice president and general counsel. "We are confident that we will prevail in this enforcement action. Additionally, we are considering our options with respect to appealing the decision on the '471 patent.'"

About Ethyol

Ethyol is an intravenous organic thiophosphate cytoprotective agent indicated to reduce the incidence of moderate to severe xerostomia (dry mouth) in patients undergoing post-operative radiation treatment for head and neck cancer, where the radiation port includes a substantial portion of the parotid glands. Ethyol is also indicated for the reduction of cumulative renal toxicity associated with repeated administration of cisplatin in patients with advanced ovarian cancer (see full prescribing information at http://www.medimmune.com/products/Ethyol).

About MedImmune

MedImmune strives to provide better medicines to patients, new medical options for physicians, rewarding careers to employees, and increased value to shareholders. Dedicated to advancing science and medicine to help people live better lives, the company is focused on the areas of infectious diseases, cancer and inflammatory diseases. With more than 2,500 employees worldwide, MedImmune is headquartered in Maryland. For more information, visit the company's website at http://www.medimmune.com.

This announcement contains, in addition to historical information, certain "forward-looking statements" regarding MedImmune's expectations with respect to the outcome of the litigation against Sun. Such forward-looking statements are based on current expectations and involve inherent risks and uncertainties, including factors that could delay, divert or change current expectations and could cause actual outcomes and results to differ materially from current expectations. MedImmune undertakes no obligation to update any forward-looking statement, whether as a result of new information, future events or otherwise except as may be required by applicable law or regulation.


Source: MedImmune

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