For Immediate Release

Company name: DAIICHI SANKYO COMPANY, LIMITED
Representative: Joji Nakayama, President and CEO
(Code no.: 4568, First Section of Tokyo, Osaka and Nagoya Stock Exchanges)
Please address inquiries to Toshiaki Sai, Corporate Officer,
Vice President, Corporate Communications Department
Telephone: +81-3-6225-1126 (Public Relations)
+81-3-6225-1125 (Investor Relations)
http://www.daiichisankyo.com/

APPELLATE COURT AFFIRMS U.S. DISTRICT COURT DECISION IN FAVOR OF DAIICHI SANKYO PATENT FOR BENICAR(R), BENICAR HCT(R), and AZOR(R)

TOKYO, Japan (September 10, 2010)－ Daiichi Sankyo Company, Limited (hereafter, Daiichi Sankyo) announced today that the United States Court of Appeals for the Federal Circuit has affirmed the U.S. District Court decision in patent litigation against Mylan*, upholding the validity of the Daiichi Sankyo U.S. patent covering Benicar^®, Benicar HCT^® and AZOR^®.  Daiichi Sankyo initiated litigation against Mylan in response to Abbreviated New Drug Applications filed by Mylan seeking to market generic versions of Benicar^®, Benicar HCT^® and AZOR^® before the expiration of the Daiichi Sankyo patent, which expires in 2016.

 

The litigation involves the Daiichi Sankyo U.S. patent covering olmesartan medoxomil, the active ingredient in Benicar^®, Benicar HCT^® and AZOR^®.  Independently developed by Daiichi Sankyo, olmesartan medoxomil is an angiotensin II receptor antagonist that suppresses vasoconstriction to control blood pressure.  Products containing olmesartan medoxomil are marketed in more than 60 countries as treatments for hypertension.

 

*Note:

"Mylan" refers to Mylan Inc. (HQ: Pennsylvania) and its subsidiaries, Mylan Pharmaceuticals Inc. (Morgantown, W.Va.) and Matrix Laboratories, Limited (HQ: India).