U.S. District Court For New Jersey Rules in Alpharma's Favor on Gabapentin Summary Judgment Motion

District Court Rules that Alpharma Is Entitled to Summary Judgment of Non-infringement 


FORT LEE, N.J., Aug. 23  /PRNewswire-FirstCall/ -- Alpharma Inc. today announced that the U.S. District Court for the District of New Jersey ruled in Alpharma's favor on a joint motion for summary judgment filed by the defendants, Alpharma, Teva, Ivax, Apotex, and Eon, in the patent litigation regarding gabapentin, the generic version of Pfizer Inc.'s Neurontin(R) product.  The court ruled that the defendants are entitled to summary judgment of non-infringement based on Pfizer's inability to meet its burden to prove infringement, both literally and under the doctrine of equivalents.  Pfizer may appeal this ruling.

The defendants also filed motions for summary judgment asserting that the Pfizer patent is invalid.  If the case continues to trial, the invalidity issues will be litigated before the court.

Statements made in this release include forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995.  These statements, including those relating to future financial expectations, involve certain risks and uncertainties that could cause actual results to differ materially from those in the forward-looking statements.  Information on other significant potential risks and uncertainties not discussed herein may be found in the Company's filings with the Securities and Exchange Commission including its Form 10-K/A for the year ended December 31, 2004. 

DATASOURCE: Alpharma Inc.



CONTACT:  Kathleen Makrakis, VP, Investor Relations of Alpharma Inc.,

[phone],  



Web site:  http://www.alpharma.com/ 

Copyright