Mylan Confirms First-to-File Patent Challenge Relating to Xeloda(R) Cancer TreatmentExpects to qualify for 180 days of sole marketing exclusivity
PITTSBURGH, April 14 /PRNewswire-FirstCall/ -- Mylan Inc. (Nasdaq: MYL)
today confirmed that the company and its subsidiary Mylan Pharmaceuticals Inc.
have been sued by Hoffmann-La Roche Inc. in connection with the filing of an
Abbreviated New Drug Application (ANDA) with the U.S. Food and Drug
Administration (FDA) for Capecitabine Tablets, 150 mg and 500 mg, the generic
version of Xeloda® Tablets, a chemotherapy treatment for breast and
colorectal cancer.
Mylan believes it is the first company to have filed a substantially
complete ANDA containing a Paragraph IV certification for the product and
expects to qualify for 180 days of sole marketing exclusivity once final FDA
approval is obtained. Hoffmann-La Roche filed a lawsuit April 8 in the U.S.
District Court for the District of New Jersey alleging infringement of U.S.
Patent No. 5,472,949.
Xeloda Tablets, 150 mg and 500 mg, had approximately $447 million in sales
for the 12 months ending Dec. 31, 2008, according to IMS Health. Currently,
Mylan has 117 ANDAs pending FDA approval, 33 of which are potential
first-to-file opportunities.
This press release includes statements that constitute "forward-looking
statements," including with regard to the expected first-to-file status and
pending litigation. These statements are made pursuant to the safe harbor
provisions of the Private Securities Litigation Reform Act of 1995. Because
such statements inherently involve risks and uncertainties, actual future
results may differ materially from those expressed or implied by such forward-
looking statements. Factors that could cause or contribute to such differences
include, but are not limited to: the use of legal, regulatory and legislative
strategies by competitors or other third parties to delay or prevent product
introductions; risks inherent in legal and regulatory processes; and the other
risks detailed in the company's filings with the Securities and Exchange
Commission. The company undertakes no obligation to update these statements
for revisions or changes after the date of this release.
Mylan Inc., which provides products to customers in more than 140
countries and territories, ranks among the leading diversified generics and
specialty pharmaceutical companies in the world. The company maintains one of
the industry's broadest -- and highest quality -- product portfolios,
supported by a robust product pipeline; owns a controlling interest in the
world's third largest active pharmaceutical ingredient manufacturer; and
operates a specialty business focused on respiratory and allergy therapies.
For more information, please visit www.mylan.com.
SOURCE Mylan Inc.
04/14/2009
CONTACT: Media, Michael Laffin, +1-724-514-1968; or InvestorsDan
Crookshank, +1-724-514-1813, both of Mylan Inc.
Web Site: http://www.mylan.com
(MYL)