Andrx Announces Settlement with Indirect Purchaser Class of Plaintiffs Regarding Cardizem CD Antitrust Litigation.Business Editors & Health/Medical Writers FORT LAUDERDALE Fort Lauderdale (lô`dərdāl), residential, commercial, and resort city (1990 pop. 149,377), seat of Broward co., SE Fla., on the Atlantic coast; settled around a fort built (c.1837) in the Seminole War, inc. 1911. , Fla.--(BUSINESS WIRE)--Jan. 27, 2003 Andrx Corporation (Nasdaq:ADRX ADRX Andrx Corporation (stock symbol) ) today announced that, together with Aventis Pharmaceuticals, Inc., it has entered into a settlement agreement in the Cardizem(R) CD antitrust 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. with the indirect purchaser class of plaintiffs as well as the state 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 Puerto Rico (pwār`tō rē`kō), island (2005 est. pop. 3,917,000), 3,508 sq mi (9,086 sq km), West Indies, c.1,000 mi (1,610 km) SE of Miami, Fla. . The settlement agreement is subject to approval by the United States District Court for the Eastern District of Michigan The United States District Court for the Eastern District of Michigan is the Federal district court with jurisdiction over of the eastern portion of the state of Michigan. . The settlement requires a total payment of $80 million by Aventis and Andrx, with each party's payment responsibility remaining confidential. Andrx's portion of this settlement is covered by the $60 million charge previously recorded by Andrx in its operating results for the second quarter of 2002. At that time, Andrx entered into a settlement with the direct purchaser class of plaintiffs (other than those who have sued separately or opted out of the class) who, among other things, purchased Cardizem CD from Aventis during the period of July 1998, when Andrx first received FDA FDA abbr. Food and Drug Administration FDA, n.pr See Food and Drug Administration. FDA, n.pr the abbreviation for the Food and Drug Administration. approval of its product, through June 1999, when Andrx commenced the sale of Cartia XT, its generic version of Cardizem CD. These settlements involve the 1997 Stipulation An agreement between attorneys that concerns business before a court and is designed to simplify or shorten litigation and save costs. During the course of a civil lawsuit, criminal proceeding, or any other type of litigation, the opposing attorneys may come to an agreement between Andrx and Aventis which, as then publicly announced, was intended to better ensure that Andrx would be able to market its generic version of Cardizem CD. Though Andrx continues to believe that the Stipulation was lawful, and in fact resulted in the marketing of its generic alternative sooner than it would have otherwise, Andrx determined that this settlement was preferable to the uncertainties and distractions inherent in continued litigation of this matter. Although Andrx will continue to attempt to settle the remaining claims with respect to that Stipulation on reasonable terms, the Company is committed to vigorously litigating the case if it cannot be settled on that basis. About Andrx Andrx Corporation is a specialty pharmaceutical company engaged in the formulation and commercialization of oral controlled-release generic and brand pharmaceuticals utilizing its proprietary drug delivery technologies. Andrx also markets and distributes pharmaceutical products manufactured by third parties. This release and additional information about Andrx Corporation are also available on the Internet at: http://www.andrx.com. 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 in this report 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," "expect," "plan," "believe," "anticipate," "intend," "could," "would," "estimate," or "continue" or the negative or other variations thereof or comparable terminology is intended to identify forward-looking statements. Investors are cautioned that all forward-looking statements involve risks and uncertainties, including but not limited to, the approval of the settlement described herein, the Company's ability to settle the remaining claims, and Andrx's results of operations. The Company is also subject to other risks as detailed from time-to-time in the Company's filings with the Securities and Exchange Commission. |
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