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USPTO Office Action in the Reexamination of U.S. Patent No. 6,545,040

Thursday, September 4, 2008 General News
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NEW YORK, Sept. 4 Forest Laboratories, Inc.(NYSE: FRX) announced today that an Office Action in the Reexamination of U.S.Patent No. 6,545,040 ("the '040 patent") was received from the U.S. Patent andTrademark Office ("USPTO") by Janssen Pharmaceutica N.V., the patent holder ofthe '040 patent. The '040 patent covers nebivolol, the active ingredient inBystolic(TM), a beta blocker, which is currently approved in the United Statesfor the treatment of hypertension. In the Office Action, the USPTO hasrejected all of the pending claims as unpatentable in view of the cited priorart. We believe the claims are patentable over the cited art and we willcontinue to prosecute the reexamination application. Although there can be noassurance we will prevail in this matter, we remain confident in the strengthof the patent covering nebivolol.
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About Forest Laboratories

Forest Laboratories (NYSE: FRX) is a US-based pharmaceutical company witha long track record of building partnerships and developing and deliveringproducts that make a positive difference in people's lives. In addition to itswell-established franchises in therapeutic areas of the central nervous andcardiovascular systems, Forest's current pipeline includes product candidatesin all stages of development and across a wide range of therapeutic areas. Thecompany is headquartered in New York, NY. To learn more about ForestLaboratories, visit www.FRX.com.
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Except for the historical information contained herein, this releasecontains forward-looking statements within the meaning of the PrivateSecurities Litigation Reform Act of 1995. These statements involve a number ofrisks and uncertainties, including the difficulty of predicting FDA approvals,the acceptance and demand for new pharmaceutical products, the impact ofcompetitive products and pricing, the timely development and launch of newproducts, and the risk factors listed from time to time in ForestLaboratories' Annual Report on Form 10-K, Quarterly Reports on Form 10-Q, andany subsequent SEC filings.

SOURCE Forest Laboratories, Inc.
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