Mylan Confirms Four First-to-File ChallengesPITTSBURGH,
March 26 /PRNewswire-FirstCall/ --
Mylan Inc. (Nasdaq: MYL)
today announced that it and/or a subsidiary have been sued in connection with
four separate "first-to-file" Abbreviated New Drug Applications (ANDA) filed
with the
U.S. Food and Drug Administration (FDA).
Mylan and Alphapharm Pty. Ltd were sued by Sepracor Inc. in the U.S.
District Court of New Jersey in connection with the ANDA filing for
Eszopiclone Tablets, 1 mg, 2 mg and 3 mg. Eszopiclone Tablets are the generic
version of Sepracor's insomnia treatment Lunesta® Tablets, which had
approximately $796 million in U.S. sales for the twelve months ending Dec. 31,
2008, according to IMS Health.
Mylan Pharmaceuticals Inc. was sued by OSI Pharmaceuticals Inc., Pfizer
Inc. and Genentech Inc. in the U.S. District Court in Delaware in connection
with the ANDA filing for Erlotinib Hydrochloride (HCl) Tablets, 25 mg, 100 mg
and 150 mg. Erlotinib HCl Tablets are the generic version of OSI
Pharmaceuticals' lung cancer treatment Tarceva® Tablets, which had
approximately $492 million in U.S. sales for the twelve months ending Dec. 31,
2008, according to IMS Health.
Mylan, Mylan Pharmaceuticals and Matrix Laboratories Limited, in which
Mylan owns a majority interest, were sued by Shire Canada Inc., Shire
International Licensing B.V. and Shire U.S. Inc. in the U.S. District Court
for the Southern District of New York in connection with the ANDA filing for
Lanthanum Carbonate Chewable Tablets, 500 mg, 750 mg and 1000 mg. Lanthanum
Carbonate Chewable Tablets are the generic version of Shire's kidney disease
treatment Fosrenol®, which had approximately $108 million in U.S. sales for
the twelve months ending Dec. 31, 2008, according to IMS Health.
Mylan Pharmaceuticals was sued by Galderma Laboratories Inc., Galderma
Laboratories LP, The Research Foundation of the State University of New York
and New York University in the U.S. District Court of Delaware in connection
with the ANDA filing for Doxycycline Delayed-release (DR) Capsules USP, 40 mg.
Doxycycline DR Capsules are the generic version of Galderma's adult rosacea
treatment Oracea® Capsules, which had approximately $82 million in U.S.
sales for the twelve months ending Dec. 31, 2008, according to IMS Health.
Mylan believes it is among the first companies to have filed substantially
complete ANDAs containing a Paragraph IV certification for three of these
products and expects to be awarded 180 days of shared marketing exclusivity
once final approvals are obtained. With Doxycycline DR Capsules, Mylan
believes it could have sole marketing exclusivity for the 180 day period.
Currently, Mylan has 118 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 generic 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.
SOURCE Mylan Inc.
03/26/2009
CONTACT: Michael Laffin (Media), +1-724-514-1968, or Dan Crookshank
(Investors), +1-724-514-1813
Web Site: http://www.mylan.com
(MYL)