Par Pharmaceutical Companies Inc announced that the appeal filed by Valeant Pharmaceuticals International, formerly ICN Pharmaceuticals Inc, has been dismissed at Valeant's request. Oral arguments before the Court of Appeals for the Federal Circuit had been scheduled for next week in Washington DC.
In granting summary judgement on July 16, 2003, the United States District Court of California determined that Three Rivers' Ribavirin product does not infringe any of three patents asserted by Valeant in the litigation. Valeant subsequently appealed the District Court's decision. The dismissal of the appeal by Valeant now concludes this litigation.
Ribavirin, a synthetic nucleoside analogue with antiviral activity, is indicated for the treatment of hepatitis C, a chronic condition suffered by approximately 4 million Americans. Ribavirin is the generic version of Schering-Plough Corporation's Rebetol. Par, along with its marketing partner Three Rivers, launched RIBASPHERE (ribavirin) 200 mg capsules in April 2004 following receipt of marketing clearance from the US Food and Drug Administration.