AstraZeneca PLC
12 December 2002
ASTRAZENECA WINS AUSTRALIA HIGH COURT APPEAL ON OMEPRAZOLE FORMULATION PATENT
AstraZeneca today announced that the High Court of Australia has granted its
appeal against an earlier Federal Court decision in a dispute with the generic
pharmaceutical company, Alphapharm Pty Limited, about the validity of the
formulation patent for omeprazole - the active substance used in Losec, a
treatment for acid-related disorders, such as peptic ulcers.
The High Court overturned a decision in October, 2000, by the Full Federal Court
of Australia, declaring the patent invalid due to obviousness. The latest
judgment restores the patent's validity and agrees with AstraZeneca's argument
that the patent is not obvious and involves inventive step.
The proceedings will now return to the lower courts for disposal of remaining
issues.
Australia represented about 2 per cent of Losec worldwide sales in 2001.
12 December 2002
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