Shire Files Lawsuit Against Barr Laboratories for Infringement of FOSRENOL(R) (Lanthanum Carbonate) Patents
By Prne, Gaea News NetworkSunday, March 15, 2009
PHILADELPHIA, Pennsylvania and DUBLIN, Ireland - Shire plc (LSE: SHP, NASDAQ: SHPGY) announces that it has
filed a lawsuit in the U.S. District Court of the Southern District of New
York against Barr Laboratories, Inc. (”Barr”) for infringement of three of
Shire’s patents: U.S. Patent No. 5,968,976 (”‘976 Patent”);U.S. Patent No.
7,381,428 (”‘428″); and U.S. Patent No. 7,465,465 (”‘465″).
The lawsuit was filed in response to an ANDA (Abbreviated New Drug
Applications) filed by Barr seeking FDA approval to market and sell generic
versions of Shire’s 500 mg, 750 mg, and 1 g FOSRENOL(R) (Lanthanum Carbonate)
products.
Under the Hatch-Waxman Act, because Shire filed its patent infringement
lawsuit within 45 days of receiving Barr’s Paragraph IV notification letter,
the FDA must refrain from approving Barr’s ANDA for 30 months, or until a
district court decision finding that the patents are invalid or not
infringed, whichever occurs earlier. The stay on generic approval will expire
on April 26, 2012 unless terminated earlier.
Shire is confident in its intellectual property portfolio protecting
FOSRENOL(R), and will enforce its patents against infringers to the fullest
extent allowed by law.
Shire PLC
Shire’s strategic goal is to become the leading specialty
biopharmaceutical company that focuses on meeting the needs of the specialist
physician. Shire focuses its business on attention deficit hyperactivity
disorder (ADHD), human genetic therapies (HGT) and gastrointestinal (GI)
diseases as well as opportunities in other therapeutic areas to the extent
they arise through acquisitions. Shire’s in-licensing, merger and acquisition
efforts are focused on products in specialist markets with strong
intellectual property protection and global rights. Shire believes that a
carefully selected and balanced portfolio of products with strategically
aligned and relatively small-scale sales forces will deliver strong results.
For further information on Shire, please visit the Company’s website:
www.shire.com.
“SAFE HARBOR” STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION REFORM
ACT OF 1995
Statements included herein that are not historical facts are
forward-looking statements. Such forward-looking statements involve a number
of risks and uncertainties and are subject to change at any time. In the
event such risks or uncertainties materialize, the Company’s results could be
materially adversely affected. The risks and uncertainties include, but are
not limited to, risks associated with: the inherent uncertainty of research,
development, approval, reimbursement, manufacturing and commercialization of
the Company’s Specialty Pharmaceutical and Human Genetic Therapies products,
as well as the ability to secure and integrate new products for
commercialization and/or development; government regulation of the Company’s
products; the Company’s ability to manufacture its products in sufficient
quantities to meet demand; the impact of competitive therapies on the
Company’s products; the Company’s ability to register, maintain and enforce
patents and other intellectual property rights relating to its products; the
Company’s ability to obtain and maintain government and other third-party
reimbursement for its products; and other risks and uncertainties detailed
from time to time in the Company’s filings with the Securities and Exchange
Commission.
Source: Shire Plc
For further information please contact: Investor Relations: Cléa Rosenfeld (Rest of the World), +44-1256-894-160; Eric Rojas (North America), +1-617-551-9715; Media: Jessica Mann (Rest of the World), +44-1256-894-280; Matthew Cabrey (Specialty Pharma), +1-484-595-8248
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