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NOVEN
PROVIDES UPDATE ON DEVELOPMENTAL FENTANYL PATCH
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Miami, FL, September
28, 2005 -- Noven Pharmaceuticals, Inc. (NASDAQ: NOVN), today
announced that the U.S. Food & Drug Administration (“FDA”)
has advised Noven that the FDA does not expect to approve Noven’s
Abbreviated New Drug Application ("ANDA") for a generic
version of Duragesic® (fentanyl transdermal system),
and has ceased its review of the ANDA, based on the FDA's assessment
of potential
safety concerns related to the higher drug content in the Noven generic
product versus the Duragesic® product.
The FDA’s determination was made known to Noven at a meeting
requested by Noven with representatives of the FDA on the afternoon
of September 27, 2005. Endo Pharmaceuticals Inc. ("Endo"),
the U.S. licensee of Noven's fentanyl patch, was also present
at the meeting.
As previously disclosed, in July 2005, the FDA issued a public advisory
that it was investigating reports of death and other serious side effects
from overdoses involving both the branded and generic fentanyl patches
currently on the market.
Noven strongly disagrees with the FDA's conclusions regarding
its pending ANDA, and will be evaluating available avenues by which
it may continue to pursue approval of the generic fentanyl patch.
Noven has approximately $13.9 million in fentanyl-related inventories
currently recorded on its balance sheet. Under the fentanyl patch license
agreement, Noven and Endo have agreed to share the cost of existing
fentanyl inventories. Based on the outcome of the recent FDA meeting,
Noven expects to record a charge to income from operations of up to
approximately $9.0 million for the quarter ending September 30, 2005
associated with its portion of the fentanyl inventory. Noven is evaluating
the circumstances under which it may recognize the $5.8 million in
previously deferred license revenue relating to the balance of the
non-refundable upfront payment made by Endo upon signing the fentanyl
patch license agreement.
Except for historical information contained herein,
the matters discussed in this press release contain forward-looking
statements within the
meaning of Section 27A of the Securities Act of 1933 and Section 21E
of the Securities Exchange Act of 1934 that involve substantial risks
and uncertainties. When used in this press release, the words “expects,” “may,” “plans, “will” and
similar expressions identify certain of such forward-looking statements.
Actual results, performance or achievements could differ materially
from those contemplated, expressed or implied by the forward-looking
statements contained herein. These forward-looking statements are based
largely on the current expectations of Noven and are subject to a number
of risks and uncertainties that are subject to change based on factors
which are, in many instances, beyond Noven’s control. These risks
and uncertainties include: that Endo may exercise its contractual right
to terminate the license agreement; that Noven may not receive any
milestone payments under the license agreement; that Noven may be unable
to recover from Endo their agreed upon portion of the production costs
of the existing inventories of the fentanyl patch; that the assumptions
and estimates on which Noven based its preliminary assessment of the
inventory charge it expects to record may prove to be incorrect or
incomplete and result in Noven recording a greater charge; that Noven
may recognize a smaller amount of deferred license revenue from the
fentanyl patch license agreement than expected for the quarter ending
September 30, 2005; that Noven’s independent registered accounting
firm has not audited or reviewed the preliminary financial information
contained in this press release; that Noven’s announcement of
its third quarter financial results may be delayed or will reflect
greater adjustments than currently estimated; that Noven and Endo may
not agree on a strategy to continue to seek approval of the generic
fentanyl patch or that any strategy on which they agree may be unsuccessful;
that the generic fentanyl patch might never be approved by the FDA;
that Noven’s results of operations may be adversely affected
unless and until Noven redeploys the assets previously associated with
fentanyl production; and that Endo may suspend or terminate its other
collaborations with Noven. In addition to the risks and factors identified
above, reference is also made to the other risks and factors detailed
in reports filed by Noven with the Securities and Exchange Commission.
Noven cautions that the foregoing list of factors is not exhaustive.
Contact:
Joseph C. Jones
Vice President – Corporate Affairs
Noven Pharmaceuticals, Inc.
(305) 253-1916
Copyright © 2005 Noven
Pharmaceuticals, Inc. All rights reserved.
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