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Perrigo Announces that Dexcel's Settlement with AstraZeneca Allows OTC Omeprazole Launch Following Final FDA Approval
Date:11/1/2007

ALLEGAN, Mich., Nov. 1 /PRNewswire-FirstCall/ -- Perrigo Company (Nasdaq: PRGO; TASE) announced today that Dexcel Pharma Technologies, Ltd. ("Dexcel"), Perrigo's partner for store brand OTC 20mg Omeprazole delayed release tablet, has settled its patent litigation with AstraZeneca (the manufacturer of Prilosec OTC(R)) involving three Orange Book patents ('380, '230 and '505) relating to the product. While terms and conditions of the agreement have not been disclosed, the amicable settlement and dismissal with prejudice of the litigation will allow for commercialization of the product once Dexcel receives final regulatory approval from the U.S. Food & Drug Administration. Based upon Dexcel's estimated FDA approval date, Perrigo should be in a position to launch the product by the end of first quarter calendar year 2008.

Dexcel had filed its New Drug Application (NDA) with a Paragraph IV Certification stating that AstraZeneca's patents are invalid, unenforceable, or will not be infringed under the NDA. In May 2006, AstraZeneca filed a patent infringement suit to prevent Dexcel from commercialization of its product. The settlement between Dexcel and AstraZeneca resolves this litigation with AstraZeneca waiving forever its claims regarding the three Orange Book patents relating to Dexcel's product.

Under terms of an agreement between Dexcel and Perrigo, Perrigo will be the exclusive marketer and distributor for the store brand over-the-counter market in the United States of the Dexcel-developed and manufactured product. Perrigo expects full year annual sales for the product to be in the range of $150 - $200 million. Perrigo will provide more detailed information on the financial impact to fiscal year 2008 follo
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SOURCE Perrigo Company
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