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Published on 1/3/2006 in the Prospect News Biotech Daily.

Adams Respiratory may lose Mucinex delivery system patent

By Angela McDaniels

Seattle, Jan. 3 - Adams Respiratory Therapeutics Inc. said the U.S. Patent and Trademark Office has made an initial determination to reject a patent covering the company's Mucinex (guaifenesin) delivery system.

In August, an anonymous third party asked the patent office to re-examine two of the company's patents on the delivery system, according to a company news release.

Adams Respiratory has until Feb. 23 to respond to the patent office's initial determination and present arguments in favor of affirming the claims under the patent.

The company said it believes the entire re-examination process could take up to five additional years, including the potential for two separate appeals. The patent remains in full force and effect until the patent office reaches a final determination.

"We believe that once we have presented our arguments in favor of affirming this patent, we will prevail in the re-examination process," Michael J. Valentino, president and chief executive officer, said the release.

"Furthermore, our second patent, which was issued after the initiation of the re-examination process, covers our entire Mucinex product line and is not affected by the current re-examination. We therefore remain confident in our ability to protect our intellectual property and to capitalize on the growing strength of the Mucinex brand."

Adams Respiratory is a specialty pharmaceutical company based in Chester, N.J., focused on the late-stage development, commercialization and marketing of over-the-counter and prescription pharmaceuticals for the treatment of respiratory disorders.


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