AstraZeneca PLC
20 February 2001
SWEDISH PATENT COURT UPHOLDS ASTRAZENECA OMEPRAZOLE SPC
AstraZeneca today announced that the Swedish Court of Patent Appeal has ruled
that one of the company's Supplementary Protection Certificates (SPC) in
Sweden for omeprazole, the active ingredient in 'Losec', has not expired. The
SPC expires in February, 2003.
The outcome reverses a decision from February 2000 by the Swedish Patent and
Registration Office (PRV) that the SPC, granted under Swedish law, had lapsed
due to the surrender of the marketing authorisation for 'Losec' capsules.
In 2000 'Losec MUPS' sales in Sweden represented just over 1 per cent of the
total sales of the product.
The substance patent for omeprazole in Sweden expired in April 1999.
Following the decision by PRV to invalidate the omeprazole SPC, the generic
manufacturer Scand Pharm launched a generic product in Sweden. AstraZeneca
filed a request for a preliminary injunction against Scand Pharm for
infringement of AstraZeneca's other Swedish SPC relating to omeprazole. This
SPC was granted under the EU regulation. The injunction was granted, and
later confirmed by the Stockholm District Court after the main hearing in
October 2000. Scand Pharm's product is therefore prohibited from sale pending
the final outcome of the case.
AstraZeneca has also filed a main action for infringement of the omeprazole
formulation patent.
Further enquiries to:
Media Relations:
Steve Brown: Tel +44 (0) 20 7304 5033
Lucy Williams: Tel +44 (0) 20 7304 5034
Investor Relations:
Michael Olsson: Tel +44 (0) 20 7304 5087
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