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UNIGENE AND UPSHER-SMITH FILE PATENT INFRINGEMENT LAWSUIT AGAINST CANADIAN DRUG MANUFACTURER

July 26, 2006

Unigene Laboratories, Inc. and Upsher-Smith Laboratories, Inc. have jointly filed in the U.S. District Court for the Southern District of New York a patent infringement lawsuit against Apotex Inc., a Canadian generic pharmaceutical manufacturer, and Apotex Corp., its U.S. subsidiary. The suit was brought in response to Apotex's filing of an Abbreviated New Drug Application (ANDA) seeking approval of a nasal spray product that claims to be a generic equivalent of Fortical calcitonin-salmon (rDNA origin) Nasal Spray, the nasal calcitonin product for the treatment of postmenopausal osteoporosis that is manufactured by Unigene and marketed by Upsher-Smith.
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