Fitzpatrick, Cella Commences Legal Action on Behalf of Client Eisai Over Aciphex ANDA Filings

December 9, 2003

Contact: Roger Ardan/Rosemarie Yu
Edelman
212-704-4549 / 642-7781
roger.ardanowski@edelman.com
rosemarie.yu@edelman.com

FITZPATRICK COMMENCES LEGAL ACTION ON BEHALF OF CLIENT EISAI OVER ACIPHEXÒ ANDA FILINGS

NEW YORK, NY, December 9, 2003 – Fitzpatrick, Cella, Harper & Scinto announced that it has filed lawsuits on behalf of Tokyo-based Eisai Co., Ltd. and Teaneck, NJ-based Eisai Inc. against Dr. Reddy’s Laboratories and Teva Pharmaceuticals over their submissions of abbreviated new drug applications (ANDA) to the FDA for Aciphex (Active Ingredient Name: rabeprazole sodium). The patent infringement actions were filed in the U.S. District Court for the Southern District of New York in New York City. The complaint maintains Eisai’s rabeprazole composition of matter patent is valid until its expiration date of May 8, 2013.

Aciphex is classified as a proton pump inhibitor that effectively suppresses gastric acid secretion while inhibiting enzyme activity during the last phase of stomach acid secretion.

Attorneys for Eisai are Fitzpatrick, Cella partners Robert L. Baechtold, Joseph M. O’Malley, Jr., and Bruce M Wexler, and Sullivan & Cromwell, LLP attorneys David B Tulchin, Michael A Cheah, James Talbot Williams.