Healthcare Industry News: Thalidomide
News Release - January 23, 2007
Barr Confirms Generic Thalomid(R) Suit FiledWOODCLIFF LAKE, N.J., Jan. 23 (HSMN NewsFeed) -- Barr Laboratories, Inc., a subsidiary of Barr Pharmaceuticals, Inc. (NYSE: BRL ), today confirmed that Celgene Corporation (Nasdaq: CELG ) has filed suit in the U.S. District Court of New Jersey to prevent Barr from proceeding with the commercialization of its generic version of Celgene's Thalomid® (Thalidomide) Capsules, 50 mg, 100 mg and 200 mg. This action formally initiates the patent challenge process under the Hatch-Waxman Act.
On November 28, 2006, the U.S. Patent and Trade Office (PTO) issued a new patent for Celgene's Thalomid Capsule product. Barr amended its ANDA on file with the FDA to certify against the new patent in December 2006. Barr's amendment included a certification that the patent listed in the Orange Book for Thalomid Capsules was invalid, unenforceable or would not be infringed by Barr's product. Barr notified Celgene of its challenge to the new patent.
Thalomid Capsules, 50 mg, 100 mg and 200 mg had annual sales of approximately $417 million for the twelve months ended November 2006, based on IMS sales data.
About Barr Pharmaceuticals, Inc.
Barr Pharmaceuticals, Inc. is a global specialty pharmaceutical company that operates in more than 30 countries worldwide and is engaged in the development, manufacture and marketing of generic and proprietary pharmaceuticals, biopharmaceuticals and active pharmaceutical ingredients. A holding company, Barr operates through its principal subsidiaries: Barr Laboratories, Inc., Duramed Pharmaceuticals, Inc. and PLIVA d.d. and its subsidiaries. The Barr Group of companies markets more than 120 generic and 25 proprietary products in the U.S. and more than 550 products globally outside of the U.S.
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 (including PLIVA d.d.) 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; our expansion into international markets through the completion of the PLIVA acquisition, and the resulting currency, governmental, regulatory and other risks involved with international operations; our ability to service our increased debt obligations as a result of the PLIVA acquisition; 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, 2006.
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
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