AstraZeneca PLC
08 August 2003
ASTRAZENECA TO SEEK TRIPLE DAMAGES IN PATENT INFRINGEMENT LAWSUIT AGAINST MYLAN
PHARMACEUTICALS
AstraZeneca announced today that it will amend its lawsuit against Mylan
Pharmaceuticals to seek triple damages for the wilful and intentional
infringement of AstraZeneca's Prilosec(R) (omeprazole) formulation patents. In
addition, AstraZeneca is filing suit to recover wilful infringement damages
against Esteve Quimica, S.A. and Laboratorios Dr. Esteve, S.A., which are
formulators of the Mylan omeprazole product. AstraZeneca reaffirms its
commitment to vigorously defend its right to patent protection both in the
remaining omeprazole patent infringement cases now pending in New York federal
court, and in relation to the Schwarz/KUDCo formulation case now under appeal.
The company will continue to monitor the situation closely and retains recourse
to further legal action.
On August 4, 2003 Mylan Pharmaceuticals announced it had begun sale of the 10mg
and 20mg dosages of omeprazole delayed release-capsules.
Mylan is one of the five defendants in the second wave of cases currently in the
discovery phase. A trial date has not been set. Mylan has decided to launch at
risk its generic omeprazole product even though AstraZeneca's two formulation
patents were found valid following a trial in 2002, involving four other generic
manufacturers. In a 275-page opinion, Federal District Court Judge Barbara S.
Jones found that three of four generic manufacturers infringed AstraZeneca's
formulation patents. Judge Jones ruled that Schwarz' formulation did not
infringe the patents and Schwarz/KUDCo launched its version of generic
omeprazole in December 2002.
Cont...
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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 top five pharmaceutical
companies in the world with healthcare sales of over $17.8 billion and leading
positions in sales of gastrointestinal, oncology, cardiovascular, neuroscience
and respiratory products. AstraZeneca is listed in the Dow Jones Sustainability
Index (Global and European) as well as the FTSE4Good Index.
- Ends -
August 8, 2003
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This information is provided by RNS
The company news service from the London Stock Exchange
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