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Stockholders File Lawsuit Against Biovail Corporation

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Case ID: 5206 | Stocks | 10/20/2008

On October 09, 2008, an order scheduling an initial pre-trial conference was entered.

According to a press release dated October 9, 2008, the complaint charges Biovail and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Biovail is a specialty pharmaceutical company engaged in the formulation, clinical testing, registration, manufacture, and commercialization of pharmaceutical products utilizing advanced drug-delivery technologies.

The complaint alleges that during the Class Period, defendants made false and misleading statements about a drug in development called BVF-033, a salt formulation of bupropion, an antidepressant commonly known as Wellbutrin XL. Specifically, defendants’ statements failed to disclose that while the FDA required a single dose study to demonstrate the bioequivalence of generic Wellbutrin XL, defendants had submitted a multiple-dose study to demonstrate the bioequivalence of BVF-033. Thus, defendants’ FDA application for BVF-033 failed to meet the requirements set forth by the FDA such that approval was likely to be materially delayed.

On July 20, 2007, before the market opened, the Company issued a press release announcing that it had received a non-approval letter from the FDA for its new drug application for BVF-033. As a result of this disclosure, Biovail’s stock price dropped from $25.51 per share to $20.03 per share in a single day.


If you bought Biovail Corporation securities and would like to obtain information about the Biovail Corporation lawsuit, then you are invited to call Kahn Gauthier Swick, LLC toll free at (866) 467-1400 to speak with an attorney or visit www.kgscounsel.com.


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