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Perrigo Rogaine foam ANDA draws suit

This article was originally published in The Tan Sheet

Executive Summary

The Allegan, Mich., private labeler reports Oct. 13 it is the first to file an abbreviated new drug application for minoxidil topical aerosol foam, 5 percent, equivalent to Johnson & Johnson's hair re-growth OTC Men's Rogaine Foam. Patent holder and GlaxoSmithKline subsidiary Stiefel filed an infringement suit Oct. 9 against the private-label firm, initiating a 30-month stay against generic competition under the Hatch-Waxman Act. Perrigo said the branded version generates about $52 million in annual sales. Patents for Rogaine Foam, launched in 2006 by Pfizer, run through 2019. While Stiefel owns the Rogaine Foam patent, J&J holds the NDA (1"The Tan Sheet" Sept. 11, 2006)

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