New drug development, Legal Issue

Texas Jury Sends Strong Message to Ethex Corporation for Its Malicious Misconduct

Concerns: drug development, Legal Issue
Released on: 08-Nov-2002

Type:

- Generics
- Pharmaceuticals / Therapeutics
- Prescription drugs (Rx)

Therapeutic target:

- Aging
- Cancer
- Dermatology
- Diabetes
- Geriatrics
- Infectious Diseases
- Oncology
- Orthopedics
- Surgery
- Transplant
- Women's Health

Concerns the following market:
- United States of America

Full Description:
(Fort Worth, Texas, USA) — In the civil suit of HEALTHPOINT, Ltd. versus Ethex Corporation, a federal jury in San Antonio, Texas, USA unanimously found in favor of HEALTHPOINT and against Ethex, a wholly-owned subsidiary of KV Pharmaceuticals (NYSE: KVA and KVB), stating in its verdict that Ethex “knowingly or intentionally” engaged in acts of unfair competition and false advertising in its marketing practices of Ethezymeä.

The jury assessed a total of $16.47 million in damages against Ethex. The September 28 verdict ended a three-week civil trial, held in the U.S. District Court for the Western District of Texas, USA, San Antonio Division.

In the lawsuit, HEALTHPOINT alleged that Ethex Corporation marketed Ethezyme as a “generic” and as an “alternative” to ACCUZYME® and as having the “same active ingredients, in the same quantities” as ACCUZYME when Ethex knew those statements to be false. ACCUZYME is an enzymatic debriding ointment used to treat wounds, pressure ulcers and burns by removing dead tissue without harming living tissue.

As stated in the verdict, the jury found that Ethex “knowingly or intentionally” engaged in acts of unfair competition and false advertising under federal law; engaged in unfair competition and misappropriation under state law; acted with “malice” when it engaged in misconduct under state law; was “guilty of unclean hands”; should be “estopped” from obtaining any relief due to its misconduct; and did not prove any of its claims against HEALTHPOINT.

HEALTHPOINT is a market leader in innovative tissue management, dermatology and infection prevention. HEALTHPOINT, with over 200 employees, is a DFB Pharmaceuticals, Inc. affiliate company.

HEALTHPOINT has headquarters in Fort Worth, Texas, USA with additional offices in Canada. Visit HEALTHPOINT’s web site at www.healthpoint.com.

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  Contact for this news release: Jay Nisbet