CORONA, Calif., March 31 /PRNewswire-FirstCall/ -- Watson Pharmaceuticals,
Inc. (NYSE: WPI), a leading specialty pharmaceutical company, announced today
that the United States District Court for the District of Delaware has ruled
that Watson's generic version of Concerta (methylphenidate hydrochloride
extended-release tablets) does not infringe United States Patent No. 6,919,373
(the '373 Patent) and that the '373 Patent is invalid. The opinion, dated
March 30, 2009, was issued by Judge Joseph Farnan, Jr., and applies to
Watson's generic versions of Concerta(R) in the 18 mg, 27 mg, 36 mg and 54 mg
Prior to the commencement of the trial, the plaintiffs offered Watson a
covenant not to sue on United States Patent No. 6,930,129 (the '129 Patent).
Watson declined to accept the covenant and asked the court to declare that the
'129 Patent is invalid and not infringed. A decision on Watson's Declaratory
Judgment claim on the '129 Patent is subject to further proceedings by the
parties. However, Watson believes that the '129 Patent is invalid for the
same reasons that the court held the '373 Patent is invalid.
"We are very pleased that the court has ruled in our favor and we will
continue to evaluate the court's opinion as we contemplate next steps," said
Paul Bisaro, Watson's President and Chief Executive Officer. "We are
currently pursuing final FDA approval of this important product."
In 2005, ALZA Corporation and McNeil-PPC, Inc. sued Andrx Corporation for
patent infringement related to the generic version of Concerta(R). Watson
acquired Andrx Corporation in 2006.
About Watson Pharmaceuticals, Inc.
Watson Pharmaceuticals, Inc. is a leading specialty pharmaceutical company
that develops, manufactures, markets, sells and distributes generic and
specialty brand pharmaceutical products. Watson pursues a growth strategy
combining internal product development, strategic alliances and collaborations
and synergistic acquisitions of products and businesses.
For press releases and other company information, visit Watson
Pharmaceuticals' Web site at http://www.watson.com.
Any statements contained in this press release that refer to future events
or other non-historical facts are forward-looking statements that reflect
Watson's current perspective of existing trends and information as of the date
of this release. Except as expressly required by law, Watson disclaims any
intent or obligation to update these forward-looking statements. Actual
results may differ materially from Watson's current expectations depending
upon a number of factors affecting Watson's business. These factors include,
among others, the difficulty of predicting the timing and outcome of
litigation, including the litigation concerning the '373 and '129 Patents; the
impact of competitive products and pricing; and other risks and uncertainties
detailed in Watson's periodic public filings with the Securities and Exchange
Commission, including but not limited to Watson's Annual Report on Form 10-K
for the year ended December 31, 2008.
Concerta(R) is a registered trademark of ALZA Corporation.
SOURCE Watson Pharmaceuticals, Inc.
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