GlaxoSmithKline PLC
17 December 2001
Federal Court Rules in Augmentin Patent Challenge
2002 Patent Upheld; GSK to Appeal Ruling on 2018 Patent
LONDON, December 17, 2001 -- GlaxoSmithKline plc today announced that a
federal judge in the United States has ruled on motions for summary judgment
filed by GlaxoSmithKline and Teva Pharmaceuticals (Teva) relating to the
validity of two of GSK's patents in the United States covering its antibiotic
product AUGMENTIN. The motions were filed in connection with litigation
commenced by Teva which is similar to and follows upon litigation commenced by
Geneva Pharmaceuticals (Geneva) challenging the validity of GSK's Augmentin
patents in the United States.
In the summary judgment ruling, the court ruled in GSK's favour that its
patent expiring in December 2002 was valid, but ruled in Teva's favour that a
GSK patent expiring in 2018 was invalid.
GSK intends to appeal the court's ruling on the patent expiring in 2018.
In addition to the two patents just ruled on, GSK holds various other patents
covering Augmentin in the United States with expiry periods up to 2017. GSK
awaits the judge's ruling on similar challenges to those patents made in
summary judgment motions filed by Geneva.
GSK Enquiries
UK Media Enquiries
Martin Sutton (020) 8966 8372
Philip Thomson (020) 8966 8372
Alan Chandler (020) 8966 8372
US Media Enquiries
Nancy Pekarek (215) 751 7709
Mary Anne Rhyne (919) 483 2839
European analyst / Investor Enquiries
Duncan Learmouth (020) 8966 5961
Anita Kidgell (020) 8966 8369
US analyst / Investor Enquiries
Frank Murdolo (215) 751 7002
Tom Curry (215) 751 5419
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