MARLBOROUGH, Mass.--(BUSINESS WIRE)--Sepracor Inc. (Nasdaq: SEPR - News) today announced that the Board of Patent Appeals and Interferences (BPAI) of the U.S. Patent and Trademark Office has combined three patent interferences into a single interference between Sepracor and Wyeth and set a date for oral arguments. The interference seeks to determine the priority of inventorship of claims directed to racemic O-desmethylvenlafaxine (ODMV) succinate. Wyeth markets racemic ODMV succinate in the U.S. under the brand name PRISTIQ® for the treatment of major depressive disorder in adults.
The interference is between Wyeth’s U.S. patents 6,673,838 and 7,291,347, the two patents listed in the FDA’s publication entitled Approved Drug Products With Therapeutic Equivalence Evaluations, commonly referred to as the “Orange Book”, for PRISTIQ, and three of Sepracor’s pending U.S. patent applications, 10/720,134, 11/091,518 and 12/011,083. The earliest application filing date asserted by Sepracor (April 6, 1999) is approximately 22 months earlier than the earliest application filing date asserted by Wyeth for its claims (February 12, 2001). The BPAI has set January 6, 2010 for oral arguments in this interference.
Should Sepracor prevail with respect to a claim in the interference, Sepracor could obtain patent rights that would be infringed by Wyeth’s sale of PRISTIQ.
About Sepracor
Sepracor Inc. is a research-based pharmaceutical company dedicated to treating and preventing human disease by discovering, developing and commercializing innovative pharmaceutical products that are directed toward serving large and growing markets and unmet medical needs. Sepracor’s drug development program has yielded a portfolio of pharmaceutical products and candidates with a focus on respiratory and central nervous system disorders. Currently marketed products include LUNESTA® brand eszopiclone, XOPENEX® brand levalbuterol HCl Inhalation Solution, XOPENEX HFA® brand levalbuterol tartrate Inhalation Aerosol, BROVANA® brand arformoterol tartrate Inhalation Solution, OMNARIS® brand ciclesonide Nasal Spray and ALVESCO® brand ciclesonide HFA Inhalation Aerosol. Sepracor’s corporate headquarters are located in Marlborough, Massachusetts.
Forward-Looking Statement
This news release contains forward-looking statements that involve risks and uncertainties, including statements regarding Sepracor potentially obtaining patent rights that would be infringed by the sale of PRISTIQ. Among the factors that could cause actual results to differ materially from those indicated by such forward-looking statements are the scope of Sepracor’s patents and patent applications and the patents and patent applications of others, including Wyeth; and certain other factors that may affect future operating results, which are detailed in the Company’s Annual Report on Form 10-K for the year ended December 31, 2008 filed with the Securities and Exchange Commission (SEC) and other reports filed with the SEC.
In addition, the statements in this press release represent Sepracor’s expectations and beliefs as of the date of this report. Sepracor anticipates that subsequent events and developments may cause these expectations and beliefs to change. However, while Sepracor may elect to update these forward-looking statements at some point in the future, it specifically disclaims any obligation to do so. These forward-looking statements should not be relied upon as representing Sepracor’s expectations or beliefs as of any date subsequent to the date of this press release.
LUNESTA, XOPENEX, XOPENEX HFA and BROVANA are registered trademarks of Sepracor Inc. OMNARIS and ALVESCO are registered trademarks of Nycomed GmbH. PRISTIQ is a registered trademark of Wyeth Corporation.
For a copy of this release or any recent release, visit Sepracor’s web site at www.sepracor.com.
Contact:
Sepracor Inc. Jonaé R. Barnes, 508-481-6700 Sr. Vice President, Investor Relations and Corporate Communications
