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USPTO Issues Notice of Final Determination for Patent Term Extension for NAMENDA(R)
Date:3/10/2009

NEW YORK, March 10, 2009 /PRNewswire-FirstCall/ -- Forest Laboratories, Inc. (NYSE: FRX) Forest Laboratories Holdings, Ltd., Merz Pharma GmbH & Co. KGaA, and Merz Pharmaceuticals GmbH announced today that the U.S. Patent and Trademark Office has issued a Notice of Final Determination granting the full five years of patent term extension for U.S. Patent No. 5,061,703 (the '703 Patent), which is listed in the U.S. Food and Drug Administration Orange Book for NAMENDA(R) (memantine hydrochloride). Forest has an exclusive license to the '703 patent from the German pharmaceutical company Merz Pharma. Forest and Merz have commenced patent litigation against several generic manufacturers who have filed ANDAs seeking FDA approval to market generic versions of NAMENDA. A trial in this litigation, pending in the U. S. District Court for the District of Delaware, is scheduled for April 2010. After review of the regulatory timeline for approval of NAMENDA(R) the U.S. Patent and Trademark Office determined that the '703 Patent is entitled to the full five years of patent term extension and will expire on April 11, 2015 instead of as originally anticipated on September 13, 2013.

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About Merz

Merz Pharmaceuticals researches, develops, produces and distributes innovative pharmaceutical products in the areas of neurology and psychiatry as well as in aesthetic dermatology and metabolism. In the area of Alzheimer's research, Merz Pharmaceuticals has achieved a leading position with the first active ingredient worldwide for the treatment of moderate to severe Alzheimer's disease. The company is headquartered in Frankfurt am Main, Germany. To learn more about Merz, visit '/>"/>

SOURCE Forest Laboratories, Inc.
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