Fitzpatrick Commences Legal Action on Behalf of Clients Eisai Co. and Eisai Inc. Over Aricept ANDA Filing

December 7, 2005

FOR IMMEDIATE RELEASE

Contact:
Linda Ficano
Fitzpatrick, Cella
212-218-2284
lficano@fchs.com

Rosemarie Yu / Annette Blum
Edelman
212-642-7781 / 212-704-4435
Rosemarie.yu@edelman.com
Annette.Blum@edelman.com

FITZPATRICK CELLA COMMENCES LEGAL ACTION ON BEHALF OF CLIENTS EISAI CO. AND EISAI INC. OVER ARICEPT ANDA FILING

New York, NY, December 7, 2005 – Leading intellectual property law firm Fitzpatrick, Cella, Harper & Scinto announced that it has filed a lawsuit on behalf of Eisai Co., Ltd. and Eisai Inc. against Teva Pharmaceuticals over its submission of an abbreviated new drug application (ANDA) to the FDA for Aricept® (Active Ingredient Name: donepezil hydrochloride). The patent infringement action was filed in the U.S. District Court of New Jersey. The complaint maintains Eisai’s donepezil composition of matter patent is infringed by Teva’s ANDA product and is valid until its expiration date of November 25, 2010.

Aricept®, an acetylcholinesterase inhibitor, is currently indicated for the treatment of mild to moderate Alzheimer’s disease.It is marketed in 76 countries worldwide, with U.S. sales approaching $1 billion dollars. Attorneys for Eisai are Fitzpatrick, Cella partners Robert L. Baechtold, Joseph M. O’Malley, Jr. and Bruce M. Wexler.

Fitzpatrick, Cella, Harper & Scinto, founded in 1971, is an intellectual property law firm with offices in New York, Costa Mesa, California and Washington, D.C. of approximately 150 lawyers. The firm’s practice covers the spectrum of intellectual property services, including patents, trademarks, copyrights, unfair competition, and trade secrets. Fitzpatrick represents an international client base from Fortune 500 companies to start-up companies.