TORONTO -- Biovail Corporation (NYSE:BVF)(TSX:BVF) announced today that a United States District Judge for the District of Columbia has granted Biovail's motions for summary judgment, thereby dismissing complaints in two related putative class-action cases asserting antitrust claims by purchasers of Biovail's Tiazac(R) product. E[acute accent]The complaints, launched in 2001 and 2003, alleged that Biovail's listing with the U.S. Food and Drug Administration (FDA) of a patent for Tiazac(R) improperly delayed the entry of a competing generic product. Plaintiffs further alleged that the delay in entry of a generic product into the market caused them to pay a premium to purchase Biovail's brand-name product. E[acute accent]In its summary judgment motion, Biovail contended that the reason why the owner of generic Tiazac(R) had not marketed its product on a timely basis was due to its inability to obtain final FDA approval, rather than through any action or omission on the part of Biovail. E[acute accent]In granting Biovail's motions for summary judgment, the Court agreed with Biovail's position that, in light of the evidence and facts pleaded, the plaintiffs had been unable to prove that they had suffered any damages for which Biovail could be responsible.
E[acute accent]About Tiazac(R)
E[acute accent]Tiazac(R) (diltiazem) belongs to a classification of drugs known as calcium channel blockers currently indicated for the treatment of hypertension and angina. Tiazac(R) works by slowing the heart rate, and by relaxing and widening blood vessels (arteries), which reduces blood pressure. Widening of the coronary arteries also increases the amount of blood reaching the heart, which can reduce the symptoms of angina.
E[acute accent]About Biovail Corporation
E[acute accent]Biovail Corporation is an international full-service pharmaceutical company, engaged in the formulation, clinical testing, registration, manufacture, sale and promotion of pharmaceutical products utilizing advanced drug-delivery technologies. For more information about Biovail, visit the company's Web site at www.biovail.com. E[acute accent]For further information, please contact Ken Howling at 905-286-3000 or send inquiries to ir@biovail.com.
E[acute accent]"Safe Harbor" Statement Under the Private Securities Litigation Reform Act of 1995
E[acute accent]To the extent any statements made in this release contain information that is not historical, these statements are forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. We have based these forward-looking statements on our current expectations and projections about future events. Our actual results could differ materially from those discussed in, or implied by, these forward-looking statements. Forward-looking statements are identified by words such as "believe," "anticipate," "expect," "intend," "plan," "will," "may" and other similar expressions. In addition, any statements that refer to expectations, projections or other characterizations of future events or circumstances are forward-looking statements. Forward-looking statements include, but are not necessarily limited to, risks and uncertainties, including the difficulty of predicting U.S. Food and Drug Administration and Canadian Therapeutic Products Directorate approvals, acceptance and demand for new pharmaceutical products, the impact of competitive products and pricing, new product development and launch, reliance on key strategic alliances, availability of raw materials and finished products, the regulatory environment, the outcome of legal proceedings, fluctuations in operating results and other risks detailed from time to time in the Company's filings with the Securities and Exchange Commission and the Ontario Securities Commission. Biovail undertakes no obligation to update or revise any forward-looking statement.
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