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Andrx Announces Court of Appeals Decision in Antitrust Case.


Business Editors/High-Tech Writers

FORT LAUDERDALE, Fla.--(BUSINESS WIRE)--June 13, 2003

Andrx Corporation (Nasdaq:ADRX ADRX Andrx Corporation (stock symbol) ) today announced that the United States Court of Appeals for the Sixth Circuit The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:

  • Eastern District of Kentucky
  • Western District of Kentucky
  • Eastern District of Michigan
 has affirmed a June 2000 district court order which determined that the 1997 Stipulation and Agreement between Andrx and Hoechst Marion Roussel, Inc. (now Aventis Pharmaceuticals, Inc.) was a per se violation of the federal antitrust laws antitrust laws n. acts adopted by Congress to outlaw or restrict business practices considered to be monopolistic or which restrain interstate commerce. The Sherman Antitrust Act of 1890 declared illegal "every contract, combination.... . The Stipulation was entered into in connection with then pending patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver.  litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 relating to Andrx's generic Cardizem(R) CD and was intended to ensure, among other things, that Andrx would be able to market this product. The district court must still determine the issues of whether the Stipulation caused any injury or damages. Andrx continues to believe that the Stipulation was pro-competitive, and enabled Andrx to market its product well before the district court that was handling the patent dispute was willing or able to do so, despite three and a half years of litigation. Andrx is considering its legal options, which include requesting legal review by either the full panel of the United States Court of Appeals for the Sixth Circuit or the United States Supreme Court United States Supreme Court: see Supreme Court, United States. .

In connection with the antitrust litigation, Andrx entered into a preliminary settlement with the direct purchaser class of plaintiffs in July 2002, which was granted final court approval in November 2002. Andrx also entered into a preliminary settlement with the indirect purchaser class of plaintiffs, as well as the attorney generals for all 50 states, the District of Columbia District of Columbia, federal district (2000 pop. 572,059, a 5.7% decrease in population since the 1990 census), 69 sq mi (179 sq km), on the east bank of the Potomac River, coextensive with the city of Washington, D.C. (the capital of the United States).  and Puerto Rico, in November 2002, which is pending final court approval. Today's court decision does not affect those settlements. In anticipation of those settlements and settlements with all other plaintiffs in the consolidated litigations (those plaintiffs who opted-out of the plaintiff classes or sued separately, which includes various Andrx customers and several related Blue Cross entities), in the second quarter of 2002, Andrx recorded an estimated litigation settlements charge of $60 million.

About Andrx Corporation:

Andrx Corporation develops and commercializes: bioequivalent bi·o·e·quiv·a·lent
n.
A value indicating the rate at which a substance enters the bloodstream and becomes available to the body.
 versions of controlled-release brand name pharmaceuticals, using its proprietary drug delivery technologies; bioequivalent versions of specialty, niche and immediate-release pharmaceutical products, including oral contraceptives Oral Contraceptives Definition

Oral contraceptives are medicines taken by mouth to help prevent pregnancy. They are also known as the Pill, OCs, or birth control pills.
; and brand name or proprietary controlled-release formulations of existing immediate-release or controlled-release drugs where it believes the application of Andrx's drug delivery technologies may improve the efficacy or other characteristics of those products. Andrx also has distribution operations, which purchase primarily generic pharmaceuticals manufactured by third parties and sell them primarily to independent pharmacies, pharmacy chains which do not maintain their own central warehousing facilities, pharmacy buying groups and, to a lesser extent, physicians' offices.

Forward-looking statements (statements which are not historical facts) in this release are made pursuant to the safe harbor Safe Harbor

1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated.

2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive.
 provisions of the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and  of 1995. For this purpose, any statements contained herein or which are otherwise made by or on behalf of the Company that are not statements of historical fact may be deemed to be forward-looking statements. Without limiting the generality of the foregoing, words such as "may," "will," "to," "plan," "expect," "believe," "anticipate," "intend," "could," "would," "estimate," or "continue" or the negative other variations thereof or comparable terminology are intended to identify forward-looking statements. Investors are cautioned that all forward-looking statements involve risk and uncertainties, including but not limited to, the timing and outcome of litigation and government regulation. Andrx Corporation is also subject to other risks detailed herein or detailed from time to time in its filings with the U.S. Securities and Exchange Commission.

This release and additional information about Andrx Corporation is also available on the Internet at: http://www.andrx.com.
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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Geographic Code:1USA
Date:Jun 13, 2003
Words:605
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