Akzo Nobel settles remaining Remeron court case

Arnhem, the Netherlands, August 25, 2005 – Akzo Nobel, the international pharmaceuticals, coatings and chemicals company, confirmed today that it and its US human healthcare business, Organon USA, have settled the remaining claims in an antitrust litigation involving its Remeron® anti-depressant in the United States.

This settlement - with a proposed class of drug wholesalers who purchased Remeron directly from Organon - amounts to USD 75 million. It resolves the final claims in a series of lawsuits alleging that the Company’s conduct involving a patent for the use of Remeron in combination with so-called SSRIs delayed the market introduction of mirtazapine (the generic version of Remeron) and violated the antitrust laws. Akzo Nobel continues to believe that its actions in obtaining and enforcing its intellectual property rights were appropriate. However, given the time, costs and risks involved in defending this action, the Company took the opportunity to resolve the matter. The settlement is subject to certain conditions including, but not limited to, approval by the Federal District Court of New Jersey (United States). The Company has already reached settlements with an indirect purchaser class and state attorneys general, generic pharmaceutical manufacturers and several large chain store and grocery store pharmacies. - - -