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Perrigo Granted Summary Judgment of Non-Infringement in Mucinex Case

By Pharmaceutical Processing | February 12, 2010

Perrigo Company announced today that a federal court has granted summary judgment in its favor in patent litigation involving Guaifenesin Extended-Release Tablets, 600 mg, a generic version of Mucinex tablets. Perrigo had been sued by Adams Respiratory Therapeutics, Inc., (a subsidiary of Reckitt Benckiser Group plc.) the New Drug Application holder and patent owner. The United States District Court for the Western District of Michigan ruled today that Perrigo does not infringe the patent in the suit. Perrigo’s ANDA is awaiting FDA approval.

Perrigo’s Chairman and CEO Joseph C. Papa stated, “This is another example of Perrigo’s significant investment and commitment to bringing new store brand products to the market. This will be an important new store brand product addition in the cough/cold category to our retail and wholesale customers while providing significant savings for the U.S. consumer. Perrigo is working every day to make quality healthcare more affordable.”

Mucinex (guaifenesin extended-release tablets, 600 mg) an expectorant indicated to relieve chest congestion and make coughs more productive, had sales of approximately $162 million through food, drug and mass merchandisers for the 12 months ended January 2010, as measured by ACNielsen.

 

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