Delaware Court Rules That Watson Does Not Infringe Patent Related to Generic Version of Concerta and Declares Patent Invalid
CORONA, Calif., March 31, 2009 /PRNewswire-FirstCall/ -- Watson Pharmaceuticals, Inc. , 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 strengths.
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.
CONTACT: Patty Eisenhaur of Watson Pharmaceuticals, Inc., +1-951-493-5611
Web site: http://www.watsonpharm.com/
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Posted: March 2009