USPTO Confirms Validity of Bystolic(R) Patent
November 24 2008 - 5:00PM
PR Newswire (US)
NEW YORK, Nov. 24, 2008 /PRNewswire-FirstCall/ -- Forest
Laboratories, Inc. (NYSE:FRX) announced today that the U.S. Patent
and Trademark Office ("USPTO") has closed prosecution on the merits
of the reexamination proceedings for the patent for Bystolic(R) and
confirmed the validity of all of the previously granted claims. As
a result, the USPTO has issued a Notice of Intent to Issue Ex Parte
Reexamination Certificate for U.S. Patent No. 6,545,040 (the '040
patent) to Janssen Pharmaceutica N.V., the patent holder. The
Notice withdraws all of the enumerated rejections and confirms such
validity. The '040 patent covers nebivolol, the active ingredient
in Bystolic(R), a beta-blocker that is currently approved in the
United States for the treatment of hypertension. The '040 patent
expires in April 2020. Forest has applied for patent term extension
for this patent until December 2021. (Logo:
http://www.newscom.com/cgi-bin/prnh/20001011/FORESTLOGO ) About the
Bystolic(R) License Forest licensed U.S. and Canadian rights to
nebivolol from Mylan Laboratories Inc. in January 2006. Forest
markets nebivolol under the Bystolic trademark in the U.S. Mylan
licensed the U.S. and Canadian rights to nebivolol from Janssen
Pharmaceutica N.V. in February 2001, and has obtained Janssen's
consent to sub-license nebivolol to Forest Laboratories in those
territories. About Forest Laboratories Forest Laboratories
(NYSE:FRX) is a U.S.-based pharmaceutical company with a long track
record of building partnerships and developing and marketing
products that make a positive difference in people's lives. In
addition to its well-established franchises in therapeutic areas of
the central nervous and cardiovascular systems, Forest's current
pipeline includes product candidates in all stages of development
and across a wide range of therapeutic areas. The company is
headquartered in New York, NY. To learn more about Forest
Laboratories, visit http://www.frx.com/. Except for the historical
information contained herein, this release contains forward-looking
statements within the meaning of the Private Securities Litigation
Reform Act of 1995. These statements involve a number of risks and
uncertainties, including the difficulty of predicting FDA
approvals, the acceptance and demand for new pharmaceutical
products, the impact of competitive products and pricing, the
timely development and launch of new products, and the risk factors
listed from time to time in Forest Laboratories' Annual Report on
Form 10-K, Quarterly Report on Form 10-Q, and any subsequent SEC
filings. http://www.newscom.com/cgi-bin/prnh/20001011/FORESTLOGO
http://photoarchive.ap.org/ DATASOURCE: Forest Laboratories, Inc.
CONTACT: Frank J. Murdolo, Vice President - Investor Relations,
Forest Laboratories, Inc., +1-212-224-6714, Web Site:
http://www.frx.com/
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