AstraZeneca PLC
9 October 2000
ASTRAZENECA RECEIVES FURTHER JUDGEMENT IN AUSTRALIAN OMEPRAZOLE PATENT DISPUTE
AstraZeneca today announced that it will seek special leave to appeal against
a judgement delivered in the Full Federal Court of Australia in Sydney in a
dispute with the generic pharmaceutical company, Alphapharm Pty Limited, about
the formulation patent for omeprazole - the substance used in 'Losec', a
treatment for acid-related disorders, such as peptic ulcers.
The Court determined that AstraZeneca's formulation patent was obvious and
lacked inventive step. The court has not yet determined Alphapharm's
counter-appeal on infringement and other validity issues on which AstraZeneca
was successful at first instance.
'We will seek to appeal against this judgement since we are confident that the
patent is not obvious and has sufficient inventive step,' said Dr Martin
Nicklasson, Executive Vice-President & Head of AstraZeneca's Gastrointestinal
Franchise.
The substance patent for 'Losec' began expiring in the first countries last
year (1999). The substance patent expired in Australia on April 11, 1999.
Sales of 'Losec' in Australia in 1999 amounted to approximately USD 100m,
which is under 2 per cent of the total sales of the product.
In most countries AstraZeneca has been granted Patent Term Extensions or
Supplementary Patent Certificates (SPCs). This extended coverage for the
patent is valid in the USA until 2001, in most European countries until
2002-2004, and in Japan until 2004. 'Losec' is also protected by patents
directed to formulation, uses, intermediates and processes.
Further Enquiries:
Michael Olsson Tel. +44 (0)20 7304 5087
Ed Seage Tel. +44 (0)20 7304 5101
Jorgen Winroth Tel. +1 609 896 4148
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