HAYWARD, Calif.--(BUSINESS WIRE)--Sept. 1, 2004--IMPAX
Laboratories, Inc. (NASDAQ:IPXL) today announced that the District
Court of Wilmington, Delaware, has ruled that Aventis Pharmaceutical's
patent 5,527,814 related to the use of Rilutek(R) for the treatment of
amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig's
disease, is valid, enforceable and infringed by IMPAX's proposed
generic product. IMPAX had filed a declaratory judgment action seeking
a judicial declaration of invalidity, unenforceability and
non-infringement regarding this patent. According to NDCHealth, U.S.
sales of Rilutek were $35 million in the 12 months ended June 30,
2004.
"We are disappointed in the lower court's ruling and are
considering our options," stated Barry R. Edwards, CEO of IMPAX
Laboratories. "Although we received final U.S. Food and Drug
Administration approval for our Abbreviated New Drug Application for
our generic version of Rilutek (Riluzole 50mg) tablets in January
2003, the court in December 2002 had granted a preliminary injunction
motion brought by Aventis to forestall IMPAX's entry into this market.
Therefore, we have not marketed the product," Mr. Edwards continued.
IMPAX Laboratories, Inc. is a technology-based specialty
pharmaceutical company applying its formulation expertise and drug
delivery technology to the development of controlled-release and
specialty generics in addition to the development of branded products.
IMPAX markets its generic products through its Global Pharmaceuticals
division and intends to market its branded products through the IMPAX
Pharmaceuticals division. Additionally, where strategically
appropriate, IMPAX has developed marketing partnerships to fully
leverage its technology platform. IMPAX Laboratories is headquartered
in Hayward, California, and has a full range of capabilities in its
Hayward and Philadelphia facilities. For more information, please
visit the Company's Web site at: www.impaxlabs.com.
"Safe Harbor" Statement under the Private Securities Litigation
Reform Act of 1995:
To the extent any statements made in this news release contain
information that is not historical, these statements are
forward-looking in nature and express the beliefs and expectations of
management. Such statements are based on current expectations and
involve a number of known and unknown risks and uncertainties that
could cause Impax's future results, performance or achievements to
differ significantly from the results, performance or achievements
expressed or implied by such forward-looking statements. Such risks
and uncertainties include, but are not limited to, Impax's ability to
obtain sufficient capital to fund its operations, the difficulty of
predicting FDA filings and approvals, consumer acceptance and demand
for new pharmaceutical products, the impact of competitive products
and pricing, Impax's ability to successfully develop and commercialize
pharmaceutical products, Impax's reliance on key strategic alliances,
the uncertainty of patent litigation, the availability of raw
materials, the regulatory environment, dependence on patent and other
protection for innovative products, exposure to product liability
claims, fluctuations in operating results and other risks detailed
from time to time in Impax's filings with the Securities and Exchange
Commission. Forward-looking statements speak only as to the date on
which they are made, and Impax undertakes no obligation to update
publicly or revise any forward-looking statement, regardless of
whether new information becomes available, future developments occur
or otherwise.
CONTACT: Company Contacts:
IMPAX Laboratories, Inc.
Barry R. Edwards, 215-933-0323 Ext. 4360
Larry Hsu, Ph.D., 510-476-2000 Ext. 1111
Cornel C. Spiegler, 215-289-2220 Ext. 1706
www.impaxlabs.com
or
Investor Relations Contacts:
Lippert/Heilshorn & Associates, Inc.
Kim Sutton Golodetz, 212-838-3777
[email protected]
Bruce Voss, 310-691-7100
[email protected]
www.lhai.com
SOURCE: IMPAX Laboratories, Inc.