U.S. Government Does Not Appeal Decision in Favor of The Medicines Company in PTO Litigation

U.S. Government Does Not Appeal Decision in Favor of The Medicines Company in PTO Litigation

The Medicines Company (NASDAQ: MDCO) today announced that the period for the government to appeal the August 3, 2010 decision of the U.S. District Court for the Eastern District of Virginia ordering the U.S. Patent and Trademark Office (PTO) to consider a 2001 Angiomax(R) (bivalirudin) patent term extension application timely filed has expired without government appeal.

The Medicines Company's lawsuit had challenged the PTO's denial of the application for an extension of the term of U.S. Patent No. 5,196,404 (the "'404" patent), the principal U.S. patent that covers Angiomax.

Additionally, The Medicines Company holds other U.S. patents that cover a more consistent and improved Angiomax product. Those patents expire in 2028 and are currently the subject of litigation with several generic drug companies that are seeking to market a generic version of bivalirudin. APP Pharmaceuticals, LLC, one of those generic drug companies, has sought to intervene in the case decided by the U.S. District Court for the Eastern District of Virginia on the '404 patent. On September 10, 2010, the U.S. District Court for the Eastern District of Virginia denied APP's motion to intervene. APP has filed an appeal.

About The Medicines Company The Medicines Company (NASDAQ: MDCO) provides medical solutions to improve health outcomes for patients in acute and intensive care hospitals worldwide. These solutions comprise medicines and knowledge that directly impact the survival and well being of critically ill patients. The Medicines Company's website is www.themedicinescompany.com.

Statements contained in this press release about The Medicines Company that are not purely historical, and all other statements that are not purely historical, may be deemed to be forward-looking statements for purposes of the safe harbor provisions under The Private Securities Litigation Reform Act of 1995. Without limiting the foregoing, the words "believes," "anticipates" and "expects" and similar expressions are intended to identify forward-looking statements. These forward-looking statements involve known and unknown risks and uncertainties that may cause the Company's actual results, levels of activity, performance or achievements to be materially different from those expressed or implied by these forward-looking statements. Important factors that may cause or contribute to such differences include whether the court order requiring the PTO to consider the Company's application to extend the term of the principal U.S. patent covering Angiomax timely filed is successfully challenged, either by APP Pharmaceuticals in its pending appeal or in a separate challenge of the term of the '404 patent; whether the Company is able to obtain or maintain patent protection for the intellectual property relating to the Company's products; and such other factors as are set forth in the risk factors detailed from time to time in the Company's periodic reports and registration statements filed with the Securities and Exchange Commission including, without limitation, the risk factors detailed in the Company's Quarterly Report on Form 10-Q filed on August 9, 2010, which are incorporated herein by reference. The Company specifically disclaims any obligation to update these forward-looking statements.

Michael Mitchell
The Medicines Company
[email protected]

SOURCE: The Medicines Company

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