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Perrigo acquires rights to generic Delsym cough syrup

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ALLEGAN, Mich. Perrigo on Wednesday announced that it has acquired the exclusive U.S. store brand rights to sell and distribute dextromethorphan polistirex extended-release suspension cough suppressant -- the generic version of Reckitt Benckiser's Delsym -- from Tris Pharma.

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 had annual sales of approximately $125 million dollars, Perrigo reported, citing SymphonyIRI data.

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