NPRO Napro Biotherapeutics (MM)

Court Rules in Favor of NaPro in Mylan Patent Infringement Case BOULDER, Colo., Dec. 24 /PRNewswire-FirstCall/ -- NaPro BioTherapeutics, Inc. announced today that the Federal District Court in the Western District of Pennsylvania has ruled again in favor of NaPro in its case against Mylan Laboratories Inc., regarding certain paclitaxel formulation patents. In a ruling issued yesterday, the Court found that these patents are valid, and that Mylan's claims that the patents were procured through inequitable conduct and fraud on the patent office were neither true nor justified. Earlier, in October 2003, the Court ruled that Mylan infringed these patents. A trial to determine the damages owed by Mylan in this case has been set for May 24, 2004. "We are naturally very pleased with the Court's unambiguous ruling. The Court's ruling, affirming the validity of these patents, speaks to the integrity of our company and the conduct and professionalism of our people," stated Leonard P. Shaykin, Chairman and Chief Executive Officer. On December 12, 2003, NaPro announced the closing of the sale of its worldwide generic injectable paclitaxel business to Mayne Pharma for $71.7 million in cash. The patents which are the subject of this litigation were sold to Mayne Pharma as part of the injectable paclitaxel business. Mayne Pharma has full control over the damages phase of this litigation, and may direct it, or settle it upon any terms it chooses. However, the transaction with Mayne Pharma provides that NaPro will be entitled to a portion of any cash award received with respect to this patent litigation with Mylan. About NaPro BioTherapeutics NaPro BioTherapeutics, Inc. is a life science company focused on the development of targeted therapies for the treatment of cancer and hereditary disease. For more information about NaPro and its technologies, visit NaPro's web site at http://www.naprobio.com/ . Forward-Looking Statements The statements in this news release that are not historical facts are forward-looking statements that represent management's beliefs and assumptions as of the date of this news release, based on currently available information. Forward-looking statements can be identified by the use of words such as "believes," "intends," "estimates," "may," "will," "should," "anticipated," "expected," "trusts" or comparable terminology or by discussions of strategy. Although the Company believes that the expectations reflected in such forward-looking statements are reasonable, it cannot assure that these expectations will prove to be correct. Such statements involve risks and uncertainties including: risks associated with the unpredictability of protracted patent litigation which can include appeals; and all of those factors identified under the captions "Risk Factors," "Special Note Regarding Forward-Looking Statements" or "Cautionary Note Regarding Forward-Looking Statements" in the Company's documents filed from time to time with the SEC, including the Company's registration statement on Form S-3, as amended, dated August 8, 2003, its Annual Report on Forms 10-K and 10-K/A for the year ending December 31, 2002 filed with the SEC on March 27, April 30, August 8 and October 24, 2003, and its Quarterly Report on Form 10-Q for the quarter ended October 1, 2003 filed with the Securities and Exchange Commission on November 14, 2003. Should one or more of these risks materialize (or the consequences of such a development worsen), or should the underlying assumptions prove incorrect, actual results could differ materially from those forecasted or expected. The Company disclaims any intention or obligation to update publicly or revise such statements whether as a result of new information, future events or otherwise. For further information, please contact: L. Robert Cohen, Vice President, Investor Relations of NaPro BioTherapeutics, Inc., +1-212-218-8715. DATASOURCE: NaPro BioTherapeutics, Inc. CONTACT: L. Robert Cohen, Vice President, Investor Relations of NaPro BioTherapeutics, Inc., +1-212-218-8715; or Investors, Lilian Stern of Stern Investor Relations, +1-212-362-1200; or Media, Peter Steinerman, +1-516-374-3031, both for NaPro BioTherapeutics, Inc. Web site: http://www.naprobio.com/

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