Andrx Disagrees With District Court's Interpretation in Antitrust Case.Business Editors/Health & Medical Writers FORT LAUDERDALE, Fla.--(BUSINESS WIRE)--June 8, 2000 ANDRX CORPORATION (Nasdaq:ADRX ADRX Andrx Corporation (stock symbol) ) today announced that Judge Nancy G. Edmunds of 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. has granted motions for partial summary judgment with respect to the Stipulation and Agreement Andrx entered into with Hoechst Marion Roussel, Inc. ("HMRI HMRI Huntington Medical Research Institutes (Pasadena, CA) HMRI Hunter Medical Research Institute (Newcastle, New South Wales, Australia) HMRI Her Majesty's Railway Inspectorate ") in 1997. The Stipulation related to 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. as to whether Andrx was lawfully able to market its generic Cardizem(R) CD product without infringing upon HMRI's patent rights. Without addressing the issues of whether the Stipulation had any anti-competitive effect or caused any injury or damages, the court determined that the Stipulation constituted a restraint of trade restraint of trade Preventing of free competition in business by some action or condition such as price-fixing or the creation of a monopoly. The U.S. has a long-standing policy of maintaining competition among business enterprises through antitrust laws, the best-known of that was a per se violation of the federal antitrust laws. The court must still determine the issues of whether the Stipulation caused any injury or damages to consumers. The court's decision is subject to Andrx's right to appeal at the conclusion of the litigation, but Andrx is considering asking the court to permit an immediate appeal of the ruling. Andrx disagrees with Judge Edmunds' interpretation of the Stipulation and the law, which differs from those of Judge John Garrett Penn of United States District Court for the District of Columbia The United States District Court for the District of Columbia is the United States District Court that hears cases originating in the District of Columbia over which federal courts have original jurisdiction. , as well as the allegations in the Federal Trade Commission's complaint. Judge Penn held that the Hatch-Waxman amendments "would permit and protect" Andrx from antitrust liability since all Andrx did was await marketing its product until the conclusion of the patent litigation with HMRI. Andrx continues to believe that the Stipulation was pro-competitive, and enabled Andrx to reformulate Verb 1. reformulate - formulate or develop again, of an improved theory or hypothesis redevelop formulate, explicate, develop - elaborate, as of theories and hypotheses; "Could you develop the ideas in your thesis" its product and obtain the dismissal of that patent litigation when, despite three and a half years of litigation, the courts were unable or unwilling to do so. By virtue of the Stipulation, Andrx was able to sell its generic version of Cardizem(R) CD sooner without placing its very existence at risk. The decision does not affect the marketing of Andrx's generic version of Cardizem(R) CD, which will continue to be available to consumers. Forward-looking statements (statements which are not historical facts) in this release are made pursuant to the safe harbor 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. Investors are cautioned that all forward-looking statements involve risks and uncertainties, including those risks and uncertainties detailed in the Company's filings with the Securities and Exchange Commission. This release and additional information about Andrx Corporation are also available on the Internet at: http://www.andrx.com |
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