PARSIPPANY, NJ, Mar 19, 2010 (MARKETWIRE via COMTEX) -- The Medicines Company (NASDAQ: MDCO) today provided an update on
actions by the U.S. Patent and Trademark Office (the "PTO") related
to the Company's application pursuant to the Hatch-Waxman Act to
extend the term of United States Patent No. 5,196,404 (the "'404
patent"), the principal U.S. patent that covers Angiomax.
On March 16, 2010, the U.S. District Court for the Eastern District
of Virginia set aside PTO's prior denial of The Medicines Company's
patent term extension application and sent the matter back to the PTO
for reconsideration. The Court further ordered that the PTO take the
actions necessary to ensure that '404 patent does not expire pending
resolution of the proceedings.
On March 18, 2010, the PTO granted an interim extension of the '404
patent through and including May 23, 2010.
On March 19, 2010, the PTO issued a decision again denying the
Company's application for patent term extension for the '404 patent.
The Company has confirmed that the interim extension of the '404
patent remains in effect through and including May 23, 2010 and that
the '404 patent will not expire on March 23, 2010.
Notices of these actions by the PTO were posted separately to the
PTO's public PAIR website on March 19, 2010.
With the interim extension of the '404 patent in effect, The
Medicines Company is considering its options, including court
challenges, and plans to continue its efforts to extend the term of
the '404 patent.
About The Medicines Company
The Medicines Company (NASDAQ: MDCO) is focused on advancing the
treatment of critical care patients through the delivery of
innovative, cost-effective medicines to the worldwide hospital
marketplace. The Company markets Angiomax(R) (bivalirudin) in the
United States and other countries for use in patients undergoing
coronary angioplasty, and Cleviprex(R) (clevidipine butyrate)
injectable emulsion in the United States for the reduction of blood
pressure when oral therapy is not feasible or not desirable. The
Company's website is www.themedicinescompany.com.
Statements contained in this press release about The Medicines
Company that are not purely historical, and all other statements that
are not purely historical, may be deemed to be forward-looking
statements for purposes of the safe harbor provisions under The
Private Securities Litigation Reform Act of 1995. Without limiting
the foregoing, the words "believes," "anticipates" and "expects" and
similar expressions, including the Company's preliminary revenue
results, are intended to identify forward-looking statements. These
forward-looking statements involve known and unknown risks and
uncertainties that may cause the Company's actual results, levels of
activity, performance or achievements to be materially different from
those expressed or implied by these forward-looking statements.
Important factors that may cause or contribute to such differences
include the extent of the commercial success of Angiomax, the
Company's ability to develop its global operations and penetrate
foreign markets, whether the Company's products will advance in the
clinical trials process on a timely basis or at all, whether the
Company will make regulatory submissions for product candidates on a
timely basis, whether its regulatory submissions will receive
approvals from regulatory agencies on a timely basis or at all,
whether physicians, patients and other key decision makers will
accept clinical trial results, risks associated with the
establishment of international operations, and such other factors as
are set forth in the risk factors detailed from time to time in the
Company's periodic reports and registration statements filed with the
Securities and Exchange Commission including, without limitation, the
risk factors detailed in the Company's Annual Report on Form 10-K
filed on March 16, 2010, which are incorporated herein by reference.
The Company specifically disclaims any obligation to update these
forward-looking statements.
Contact:
Michael Mitchell
Investor Relations
The Medicines Company
973-290-6000
investor.relations@themedco.com
SOURCE: The Medicines Company
mailto:investor.relations@themedco.com