Allergan Confirms Generic Noxafil® Patent Challenge

Allergan today confirmed that it has filed an Abbreviated New Drug Application with the U.S. Food and Drug Administration seeking approval to market Posaconazole Delayed-Release Tablets, 100mg.

PRESS RELEASE

DUBLIN

,

Aug. 11, 2015

/PRNewswire/ --

Allergan plc

(NYSE: AGN) today confirmed that it has filed an Abbreviated New Drug Application (ANDA) with the

U.S. Food and Drug Administration

(

FDA

) seeking approval to market Posaconazole Delayed-Release Tablets, 100mg.

Allergan's

ANDA product is a generic version of Merck's Noxafil® which is an antifungal agent indicated for prophylaxis of invasive Aspergillus and Candida infections in patients, 13 years of age and older, who are at high-risk of developing these infections due to being severely immunocompromised, such as hematopoietic stem cell transplantation recipients with graft-versus-host disease or those with hematologic malignancies with prolonged neutropenia from chemotherapy.

Merck Sharp & Dohme Corp.

filed suit against

Allergan

on

August 6, 2015

in the

U.S. District Court for the District of New Jersey

seeking to prevent

Allergan

from commercializing its ANDA product prior to the expiration of U.S. Patent No. 5,661,151. The lawsuit was filed under the provisions of the Hatch-Waxman Act, resulting in a stay of final

FDA

approval of

Allergan's

ANDA for up to 30 months from the date the plaintiffs received notice of

Allergan's

ANDA filing or until final resolution of the matter before the court, whichever occurs sooner, subject to any other exclusivities.

Based on available information,

Allergan

believes it may be a "first applicant" to file an ANDA for the generic version of Noxafil® and, should its ANDA be approved, may be entitled to 180 days of generic market exclusivity.

For the 12 months ending

June 30, 2015

, Noxafil® had global sales of approximately

$143.6 million

, according to

IMS Health

data.