Court Rules That Watson Does Not Infringe Patent Related to Generic Version of Concerta(R) and Declares Patent Invalid

Watson Pharmaceuticals, Inc. (NYSE: WPI), a leading specialty pharmaceutical company, announced today that the United States District Court for the District of Delaware has ruled that Watson’s generic version of Concerta (methylphenidate hydrochloride extended-release tablets) does not infringe United States Patent No. 6,919,373 (the ’373 Patent) and that the ’373 Patent is invalid.  The opinion, dated March 30, 2009, was issued by Judge Joseph Farnan, Jr., and applies to Watson’s generic versions of Concerta(R) in the 18 mg, 27 mg, 36 mg and 54 mg strengths.
Prior to the commencement of the trial, the plaintiffs offered Watson a covenant not to sue on United States Patent No. 6,930,129 (the ’129 Patent). Watson declined to accept the covenant and asked the court to declare that the ’129 Patent is invalid and not infringed.  A decision on Watson’s Declaratory Judgment claim on the ’129 Patent is subject to further proceedings by the parties.  However, Watson believes that the ’129 Patent is invalid  for the same reasons that the court held the ’373 Patent is invalid.

In 2005, ALZA Corporation and McNeil-PPC, Inc. sued Andrx Corporation for patent infringement related to the generic version of Concerta(R). Watson acquired Andrx Corporation in 2006.

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