Prilosec Patents Ruling

AstraZeneca PLC
14 October 2002





                    PRILOSEC PATENTS RULED VALID IN US TRIAL



AstraZeneca announced today that following a trial in the Southern District
Court of New York, Judge Barbara Jones ruled that two patents ('230 and '505)
relating to the formulation of omeprazole, the active ingredient in Prilosec,
are valid until 2007.



On the matter of infringement in the consolidated proceedings, the judge made
the following ruling:


Company          Patent '230       Patent '505

Andrx            infringed         infringed
Genpharm         infringed         infringed
Cheminor         infringed         infringed
Kudco            Not infringed     Not infringed



The Judge did not render a decision on the '281 patent relating to a process
involved in the manufacture of omeprazole. AstraZeneca brought suit under this
patent against Andrx only.



The trial, which started on December 6, 2001, concluded in June of this year.



Sir Tom McKillop, Chief Executive Officer of AstraZeneca, said: 'We are pleased
by today's judgment upholding the validity of our formulation patents and the
decision that  Andrx, Genpharm and Cheminor have  infringed the patents. We are
reviewing the Judge's ruling with respect to Kudco and are considering the
appropriate course of action.'



Prilosec, a treatment for acid-related stomach disorders, is AstraZeneca's US
brand name for omeprazole.  In 2001, Prilosec had sales of $3.7bn in the US.



                               - Ends -

Date: 14 October 2002


Media Enquiries:                                   Investor Relations:

Rachel Bloom, Tel: + 1 302 886 7858                Jonathan Hunt, Tel: [phone]
Steve Brown, Tel:  [phone]            Mina Blair-Robinson, Tel: [phone]
Emily Denney, Tel: [phone]            Ed Seage, Tel: [phone]
Chris Major, Tel: [phone]             Jorgen Winroth, Tel:  [phone]
Staffan Ternby, Tel:  [phone]





NOTE TO NEWS EDITORS:


The consolidated case in the South District Court of New York involving the four
generic manufacturers involved several patents, including those ('505 and' '230)
which were the subject of Judge Jones' decision today.  Patent '281 involved
Andrx alone.



The proceedings also involved these further patents:



Patent '499  (sulphenamide salt of omeprazole) was declared not infringed in
summary dismissal and may be appealed by AstraZeneca.



Patents '794 (omeprazole in combination with clarithromycin in the treatment of
H.pylori);   '305 (combination therapy for H.pylori related disease); and '342
(H.pylori treatment) have all previously been declared invalid in summary
proceedings. AstraZeneca may also appeal these decisions as part of the overall
appeal process in the case.



Patent '431 relates to the substance of omeprazole, which expired in October,
2001, following six months' additional market exclusivity after AstraZeneca
complied with the FDA's formal request for information on the use of
prescription Prilosec in children. This was originally part of the case but, as
the patent has already expired, was not part of the judgment.



In 2001, the worldwide sales of AstraZeneca omeprazole brands totalled $5.7bn.



In a separate case, it was announced on June 25, that United States District
Court Judge Jed Rakoff, of the Southern District of New York, had dismissed with
prejudice two federal class action antitrust lawsuits brought by consumers and
third-party payors against AstraZeneca. In dismissing the cases, Judge Rakoff
concluded that the plaintiffs failed to demonstrate that the Prilosec patent
infringement litigation brought by AstraZeneca against 10 generic manufacturers
was a 'sham' or an unlawful attempt to prevent generic competitors from entering
the market. The manufacturers included the four companies involved in the
consolidated trial relating to the infringement of the patents.  The third and
only other consumer anti-trust case was voluntarily dismissed by plaintiffs
following Judge Rakoff's decision.










                      This information is provided by RNS
            The company news service from the London Stock Exchange