POZEN Patents Upheld in Treximet Patent Litigation Appeal

POZEN Inc.

, a pharmaceutical company committed to transforming medicines that transform lives, today announced that the United States Court of Appeals for the Federal Circuit has affirmed the August 5, 2011 decision of the United States District Court for the Eastern District of Texas that had issued a favorable verdict in the litigation between POZEN and several generic pharmaceutical companies which had filed Abbreviated New Drug Applications (ANDAs) seeking approval from the U.S. Food and Drug Administration (FDA) to market generic copies of Treximet ^® (sumatriptan / naproxen sodium). Treximet is marketed by POZEN's exclusive U.S. licensee, GlaxoSmithKline (GSK). The Federal Court of Appeals affirmed the lower court ruling which held that U.S. Patent Nos. 6,060,499 (the ʼ499 patent) and 6,586,458 (the ʼ458 patent) were valid, enforceable and infringed by Par Pharmaceutical, Inc. (Par), Alphapharm Pty Ltd. (Alphapharm), and Dr. Reddy's Laboratories, Inc. (DRL). A third patent, U.S. Patent No. 7,332,183 (the ʼ183 patent) covering the Treximet formulation was valid, enforceable and infringed by Par and DRL. The ʼ183 patent was not asserted against Alphapharm.