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AZT CASE TO BE HEARD IN COURT OF APPEALS

 POMONA, N.Y., July 22 /PRNewswire/ -- A federal court entered an order today denying Barr Laboratories' (AMEX: BRL) claim that scientists at the National Institutes of Health were co-inventors of AZT as a treatment for AIDS. The ruling sustains, at least for the present, the claim by Burroughs Wellcome Company that its scientists were the sole inventors of the therapy.
 The order was issued at the joint request of Barr Laboratories and Burroughs Wellcome and paves the way for the Court of Appeals to hear the case before all evidence has been presented. An appeal now saves weeks of trial, and allows the appellate court to resolve the key legal question in the case ... the definition of conception in patent law.
 The district judge acknowledged in his order that the final outcome of the case will be controlled by resolution of this issue.
 After the appellate court's decision, a new jury could hear the case and decide whether government scientists contributed to the "conception" of AZT as an AIDS therapy, as "conception" is defined by the Court of Appeals.
 "Barr believes the best way to conclude this case successfully is to have the appellate court rule on the critical legal issues first," said Barr's President, Bruce Downey. "We are confident that once those issues are clearly defined, a new trial will establish the inventorship rights of the NIH scientists and Barr will be able to bring a less expensive generic AZT to market."
 -0- 7/22/93
 /CONTACT: Harold Cohen of Barr Laboratories, 914-362-2823/
 (BRL)


CO: Barr Laboratories, Inc. ST: New York IN: MTC SU:

TS-PS -- NY052 -- 4571 07/22/93 12:56 EDT
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Publication:PR Newswire
Date:Jul 22, 1993
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