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Kos settles Advicor name dispute with Andrx

Executive Summary

Andrx will end use of the Altocor name and pay $6 mil. to settle trademark dispute over Kos' cholesterol product Advicor. Settlement ends litigation in Philadelphia federal appeals court. Kos' original complaint in New Jersey federal court sought to enjoin Andrx from using Altocor name for its extended-release lovastatin; that motion was denied. Andrx will now market its product as Altoprev, a name approved by FDA in August 2003 (1"The Pink Sheet" May 10, 2004, In Brief)...

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Andrx is in discussions with FDA to market Altocor (lovastatin extended-release) under a new name "to avoid possible confusion in the marketplace." Company says name change is unrelated to Kos' lawsuit alleging a likelihood of confusion with its cholesterol-lowering agent Advicor (niacin/lovastatin). FDA already has approved Altoprev as an alternative brand for Altocor (1"The Pink Sheet" Sept. 15, 2003, In Brief)...

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