Tuesday, December 9, 2008

Unigene Announces Preliminary Injunction Entered in Patent Infringement Lawsuit to Court Ruling

Unigene Laboratories, Inc. (OTCBB: UGNE http://www.unigene.com) announced today that Judge Robert P. Patterson, Jr. of the United States District Court for the Southern District of New York entered a preliminary injunction, consented to by defendants Apotex, Inc. and Apotex Corp., preliminarily enjoining them from engaging in the commercial manufacture, use, marketing, distribution, selling, transportation or importation of any Fortical(R) generic equivalent product in the United States. The preliminary injunction will remain in effect until the court renders a final decision on the validity and infringement of Unigene's U.S. Patent.
In June 2006 Unigene received a Paragraph IV Certification letter from Apotex alleging that Unigene's U.S. Patent No. 6,440,392 is invalid. On July 24, 2006, Unigene and Upsher-Smith Laboratories jointly filed a lawsuit against Apotex for infringement of that patent.
"We are pleased that this action has been taken," said Dr. Ronald S. Levy, Executive Vice President of Unigene. "We will continue to vigorously defend the intellectual property that we have worked so hard to develop."

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