Perrigo Company Announces Collaborative Agreement for Generic Topical Products Wi... ( Company to Acquire Minor...)

Perrigo Company Announces Collaborative Agreement for Generic Topical Products With Pentech

Date:5/21/2008

Company to Acquire Minority Interest in New Entity

ALLEGAN, Mich., May 21 /PRNewswire-FirstCall/ -- Perrigo Company (Nasdaq: PRGO; TASE) today announced that it has entered into a collaborative agreement with Cobrek Pharmaceuticals, a newly formed entity of Pentech Pharmaceuticals Inc., a privately owned company that specializes in the research and development of niche generic dosage forms. Pentech will contribute its ANDA filing for a generic equivalent to Luxiq(R) foam, a $34 million branded pharmaceutical product, to the agreement. Perrigo will contribute two of its early stage generic topical pipeline products. The parties will share the development costs and profits generated by these products, with Perrigo being the exclusive distributor.

Pentech filed its ANDA for Luxiq foam containing a Paragraph IV Certification with the U.S. Food & Drug Administration and notified Connetics, the New Drug Application holder for the brand product. On November 6, 2007, Connetics filed suit alleging patent infringement in the United States District Court for the Northern District of Illinois to prevent Pentech from proceeding with the commercialization of its product. The lawsuit formally initiated the patent process under the Hatch-Waxman Act. Pentech believes that it is the first to file an ANDA with a Paragraph IV certification against Luxiq and Perrigo believes that it will be the first company to market this product.

Perrigo will also invest $12.5 million in cash in Cobrek in exchange for a minority ownership position. Pentech will contribute to Cobrek all of its interests in current and future ANDA filings including a potential first-to-file on a generic version of Hectorol (Doxercalciferol).

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