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------------------------- |
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Entities: |
Biovail Laboratories Inc.; Jones Pharma Inc.; Kv Pharmaceutical Co /DE/ |
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Date: |
2004 |
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$38 |
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#1260643 |
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<DOCUMENT>
<TYPE>EX-99.2 BYLAWS
<SEQUENCE>3
<FILENAME>ex99p2.txt
<TEXT>
<PAGE>
EXHIBIT 99.2
KV PHARMACEUTICAL COMPANY
-------------------------
CONTACT:
CATHERINE M. BIFFIGNANI
VICE PRESIDENT, INVESTOR RELATIONS
314-645-6600
[KV PHARMACEUTICAL logo]
FOR IMMEDIATE RELEASE
KV PHARMACEUTICAL COMPANY REPORTS POSITIVE RESOLUTION OF SEVERAL LEGAL MATTERS
PARAGRAPH IV LEGAL OBSTACLES REMOVED FOR THREE KV ANDA SUBMISSIONS;
COMMERCIAL DISPUTE SETTLED
St. Louis, MO, September 8, 2004 - KV Pharmaceutical Company (NYSE: KVa/KVb)
today reported that several pending legal matters involving the Company have
been resolved. The matters involve three Paragraph IV patent certification
requests filed by KV and a long-standing, previously disclosed commercial
product marketing dispute.
KV Reports King Pharmaceutical Dismissal of Paragraph IV Litigation on
----------------------------------------------------------------------
Levoythyroxine
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On application by King Pharmaceutical, the Delaware Court has dismissed a
case brought by King Pharmaceutical against KV for allegedly of infringing
U.S. Patent 6,555,581 (the "'581 patent"), which King's subsidiary Jones
Pharma, Inc. has listed in the Orange Book for Levoxyl(R) (levoythyroxine
sodium tablets). Levoxyl is indicated for thyroid hormone replacement or
supplemental therapy for hypothyroidism. This case had been scheduled for
trial in December 2004 in the U.S. District Court for the District of
Delaware. The case was dismissed with prejudice and no payments were made by
KV to secure the dismissal.
King's lawsuit followed KV's notification that it had filed with the U.S.
Food and Drug Administration ("FDA") an Abbreviated New Drug Application
("ANDA") containing a Paragraph IV patent certification seeking approval to
market generic versions of all dosage strengths of Levoxyl before the
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