Published:
Wyeth and Impax Announce Final Settlement of Effexor XR Patent Suit
MADISON, N.J., July 16 /PRNewswire-FirstCall/ -- Wyeth (NYSE: WYE) and
Impax Laboratories Inc. today announced that all conditions of a settlement of
the U.S. patent infringement litigation pertaining to Impax's proposed generic
capsule formulation of Wyeth's EFFEXOR XR(R) antidepressant have been approved
by the United States District Court for the District ofDelaware. The Court
entered a consent judgment resulting in termination of the litigation
effective today.
Under the terms of the settlement, Wyeth has granted Impax a license that
would permit Impax to launch its capsule formulation of Effexor XR on or after
June 1, 2011, subject to earlier launch in limited circumstances, but in no
event earlier than January 1, 2011. Impax will pay Wyeth a royalty on sales
of this generic product.
The parties also have agreed that Impax will utilize its neurology-focused
sales force to promote a product to be named by Wyeth. Other terms of this
agreement are confidential and were not disclosed.
Wyeth is one of the world's largest research-driven pharmaceutical and
health care products companies. It is a leader in the discovery, development,
manufacturing and marketing of pharmaceuticals, vaccines, biotechnology
products, nutritionals and non-prescription medicines that improve the quality
of life for people worldwide. The Company's major divisions include Wyeth
Pharmaceuticals, Wyeth Consumer Healthcare and Fort Dodge Animal Health.
The statements in this press release that are not historical facts are
forward-looking statements that are subject to risks and uncertainties that
could cause actual results to differ materially from those expressed or
implied by such statements. These risks and uncertainties include, without
limitation, the inherent uncertainty of the timing and success of, and expense
associated with, research, development, regulatory approval and
commercialization of our products and pipeline products; government cost-
containment initiatives; restrictions on third-party payments for our
products; substantial competition in our industry, including from branded and
generic products; emerging data on our products and pipeline products; the
importance of strong performance from our principal products and our
anticipated new product introductions; the highly regulated nature of our
business; product liability, intellectual property and other litigation risks
and environmental liabilities; uncertainty regarding our intellectual property
rights and those of others; difficulties associated with, and regulatory
compliance with respect to, manufacturing of our products; risks associated
with our strategic relationships; economic conditions including interest and
currency exchange rate fluctuations; changes in generally accepted accounting
principles; trade buying patterns; the impact of legislation and regulatory
compliance; risks and uncertainties associated with global operations and
sales; and other risks and uncertainties, including those detailed from time
to time in our periodic reports filed with the Securities and Exchange
Commission, including our current reports on Form 8-K, quarterly reports on
Form 10-Q and annual report on Form 10-K, particularly the discussion under
the caption "Item 1A, Risk Factors" in our Annual Report on Form 10-K for the
year ended December 31, 2007, which was filed with the Securities and Exchange
Commission on February 29, 2008. The forward-looking statements in this press
release are qualified by these risk factors. We assume no obligation to
publicly update any forward-looking statements, whether as a result of new
information, future developments or otherwise.
SOURCE Wyeth
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