- Paragraph IV Litigation Underway -
CORONA, Calif., June 10 /PRNewswire-FirstCall/ -- Watson Pharmaceuticals,
Inc. (NYSE: WPI), a leading specialty pharmaceutical company, today confirmed
that its subsidiary, Watson Laboratories, Inc. - Florida, has filed an
Abbreviated New Drug Application (ANDA) with the U.S. Food and Drug
Administration seeking approval to market its guaifenesin pseudoephedrine HCI
extended-release 600mg/60mg and 1200mg/120mg tablets prior to the expiration
of patents owned by Reckitt Benckiser Inc. Watson Laboratories, Inc. -
Florida's guaifenesin pseudoephedrine HCI extended-release tablet products are
the generic versions of Reckitt Benckiser Inc.'s Mucinex(R) D product, which
are indicated to help loosen phlegm (mucus) and thin bronchial secretions to
rid the bronchial passageways of bothersome mucus and make coughs more
productive. Watson Laboratories, Inc. - Florida previously filed ANDAs
seeking approval to market generic versions of Reckitt Benckiser Inc.'s
Mucinex(R) and Mucinex(R) DM products.
Reckitt Benckiser filed suit against Watson Pharmaceuticals, Inc. and
Watson Laboratories, Inc. - Florida on June 5, 2009 in the U.S. District Court
for the Southern District of Florida seeking to prevent Watson from
commercializing its products prior to expiration of U.S. patent numbers
6,372,252 and 6,955,821. Reckitt Benckiser's suit was filed under the
provisions of the Hatch Waxman Act, resulting in a stay of final FDA approval
of Watson Laboratories, Inc. - Florida's ANDA for up to 30 months or until
final resolution of the matter before the court, whichever occurs sooner.
Based on available information, Watson Pharmaceuticals, Inc. believes that
Watson Laboratories, Inc. - Florida may be the first applicant to file an ANDA
for a generic version of Mucinex(R) D and, should its product be approved, may
be entitled to 180 days of generic market exclusivity.
For the twelve-months ended March 31, 2009, Mucinex(R) D products had
total U.S. sales of approximately $62 million, according to IMS Health data.
About Watson Pharmaceuticals, Inc.
Watson Pharmaceuticals, Inc. is a global leader in the development and
distribution of pharmaceuticals with a broad portfolio of generic products and
a specialized portfolio of brand pharmaceuticals focused on Urology, Women's
Health and Nephrology/Medical.
For press release and other company information, visit Watson
Pharmaceuticals' Web site at http://www.watson.com.
Watson's Forward-Looking Statement
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 or outcome of FDA
approvals or actions, if any; the difficulty of predicting the timing or
outcome of litigation related to patent infringement; the impact of
competitive products and pricing; market acceptance of and continued demand
for Watson's products; 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.
Mucinex(R) D is a registered trademark of Reckitt Benckiser Inc.
SOURCE Watson Pharmaceuticals, Inc.
Patty Eisenhaur of Watson Pharmaceuticals, Inc.,
Web Site: http://www.watson.com