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Partial Amendment of the Marketing Alliance Agreement for the Migraine Treatment MAXALT

July 30, 2003

Kyorin Pharmaceutical Co., Ltd. (Headquarters: Tokyo, President: Ikuo Ogihara) and Eisai Co., Ltd. (Headquarters: Tokyo, President: Haruo Naito) have reached an agreement on partial amendment of the joint marketing agreement concluded in February 2003 for MAXALT® (generic name: rizatriptan benzoate/not yet launched in Japan), and the companies executed the amended contract today. MAXALT®, a 5-HT1B/1D receptor agonist, is a migraine treatment for which Kyorin has obtained import approval.

The principal change from the former agreement is that promotion of MAXALT® will be performed solely by Eisai instead of co-promotion by both companies. Other aspects of the previously announced arrangement whereby Kyorin will import the product from Merck & Co., Inc., and supply it to Eisai, and Eisai will distribute MAXALT® in Japan are unchanged.

Kyorin has been promoting a franchise customer strategy under which Kyorin concentrates marketing activities in the fields of respiratory disease, otorhinology, and urology. Eisai, which specializes in neurology as one of its franchises, will promote MAXALT® independently. Kyorin will concentrate its sales activities on the three other principal areas noted above.

The product will be launched following national health insurance price listing. Eisai aims to increase its presence in the field of neurology and establish MAXALT® as a top brand in the Japanese market for migraine treatment agents.

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