Fitzpatrick Commences Legal Action on Behalf of Clients Wyeth and Altana Pharma Over Protonix ANDA Filing

Fitzpatrick Commences Legal Action on Behalf of Clients Wyeth and Altana Pharma Over Protonix ANDA Filing
May 25, 2004

For Immediate Release

Contact: Rosemarie Yu/Eric Kim
Edelman
(212) 642-7781 / 704-8227
rosemarie.yu@edelman.com
eric.kim@edelman.com

FITZPATRICK COMMENCES LEGAL ACTION ON BEHALF OF CLIENTS WYETH AND ALTANA PHARMA OVER PROTONIXÒ ANDA FILING

NEW YORK, NEW YORK, May 25, 2004 — Fitzpatrick, Cella, Harper & Scinto announced that it has filed a lawsuit on behalf ofMadison, NJ-based Wyeth and Altana Pharma AG of Konstanz, Germany against Teva Pharmaceuticals over its submission of an abbreviated new drug application (ANDA) to the FDA for ProtonixÒ (Active Ingredient Name: pantoprazole sodium). The patent infringement action was filed in the U.S. District Court for the District of New Jersey in Newark. The complaint maintains that Altana Pharma’s pantoprazole composition of matter patent is valid until its expiration date of July 19, 2010.

ProtonixÒ is a proton pump inhibitor that is prescribed for gastro-intestinal disorders associated with acid secretion.

Attorneys for Wyeth and Altana are Fitzpatrick partners Robert L. Baechtold and Joseph M. O’Malley, Jr., and McCarter & English partner Andrew T. Berry.

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 more than 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.