May 7, 2010 (FinancialWire) – Perrigo (NASDAQ: PRGO) said that it has acquired the exclusive U.S. store brand rights to sell and distribute Dextromehtorphan Polistirex extended release suspension cough suppressant, the generic version of Reckitt Benckiser's Delsym, from Tris Pharma.

According to Perrigo, Tris believes it has a first to file ANDA application for the generic that can entitle it to 180 days of generic exclusivity upon approval.

Tris and Reckitt Benckiser are currently engaged in Paragraph IV/Hatch-Waxman litigation over the Tris ANDA filing.

Under the agreement Perrigo and Tris will share profits, and Perrigo will pay Tris certain milestone payments.  

Delsym is indicated for 12-hour cough relief. It is estimated that it has annual sales of around $125 million dollars, according to data provided by Information Resources, Inc.  

Perrigo's chairman and CEO Joseph C. Papa stated, "This is another example of Perrigo's strategic focus on introducing new products which will make quality healthcare more affordable to American consumers."

Michigan-based Perrigo develops, manufactures and distributes OTC and generic prescription pharmaceuticals, nutritional products, infant formula, active pharmaceutical ingredients and consumer products.

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