AstraZeneca’s Prilosec Patents Upheld By Court
Patent Infringement Suit Won Against Impax And Apotex In Second Wave Prilosec® Trial
LONDON, June 1, 2007-AstraZeneca today announced a ruling by the
US District Court for the Southern District of New York that found
two Prilosec® (omeprazole) formulation patents valid and
infringed by Impax Laboratories Inc. and Apotex Corp.
Judge Barbara S. Jones of the United States District Court for the Southern District of New York upheld both AstraZeneca formulation patents covering Prilosec®, a ruling consistent with her decision in the first wave case in October 2002. The Court found that Impax’s and Apotex’s generic omeprazole formulations infringed both patents in suit. The infringing Impax product is marketed by Teva in the United States. The Court also found that the generic omeprazole products sold by Lek Pharmaceutical and Mylan/Esteve did not infringe. AstraZeneca may now seek appropriate relief for defendants’ infringement.
The first wave of Prilosec® cases began in 1999 against four defendants: Andrx, Cheminor, Genpharm and KUDCo/Schwarz Pharma. In October 2002, the court ruled that AstraZeneca’s formulation patents were valid, with a finding of patent infringement against Andrx, Cheminor, and Genpharm.
AstraZeneca is pleased that the courts have once again upheld the validity of the Prilosec® formulation patents. Prilosec® is the result of years of research by AstraZeneca scientists. AstraZeneca remains committed to research and development, which leads to new medicines that provide the best treatment for patients.
AstraZeneca is reviewing the ruling and will evaluate its options for any further action.
AstraZeneca is a major international healthcare business engaged in the research, development, manufacture, and marketing of prescription pharmaceuticals and the supply of healthcare services. It is one of the world's leading pharmaceutical companies with healthcare sales of $26.47 billion and leading positions in sales of gastrointestinal, cardiovascular, neuroscience, respiratory, oncology, and infection products. AstraZeneca is listed in the Dow Jones Sustainability Index (Global) as well as the FTSE4Good Index.
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Ed Seage, Tel: +1 302 886 4065
Posted: June 2007