AstraZeneca PLC
06 May 2008
EPO Announces Symbicort(R) European COPD Use
Patent Decision
AstraZeneca today announced that the European Patent Office (EPO) Technical
Board of Appeal has made a final ruling that the European Combination patent
covering the use of Symbicort(R) (formoterol and budesonide) for the treatment
of chronic obstructive pulmonary disease (COPD) (EPB1014993) has been revoked,
following an appeal from generic manufacturers Norton Healthcare and Generics
UK.
The EPB1014993 is one of two patents covering the Symbicort(R) combination
(formoterol and budesonide) in the use of treatment for COPD in the United
Kingdom, Austria, Belgium, Denmark, France, Germany, Greece, Ireland, Italy,
Spain, Sweden, Switzerland, the Netherlands, Finland, Portugal, Liechtenstein,
Luxemburg, Monaco, Cyprus, Latvia, Romania and Slovenia. The original patent
expiration for this patent was 2018. The second of the two patents (EPB1210943)
is currently under separate opposition.
'Symbicort is a strong brand and constitutes an important part of our growth
potential for the coming years in Europe, where we have data exclusivity
protection until August 2010,' said David Brennan, Chief Executive Officer of
AstraZeneca.
AstraZeneca will continue to defend and enforce its remaining intellectual
property rights protecting Symbicort(R). This portfolio includes patents and
applications for processes, formulations, delivery devices (M3 Turbuhaler) and
use 'as needed' (Symbicort SMART(R)), with expiration dates up to 2019. In
addition to these patents, Symbicort(R) retains data exclusivity until August
2010 in some European markets. On October 18, 2007 the EPO Technical Board of
Appeal made a final ruling that the European Combination patent for Symbicort
(EPB 0613371) was revoked.
Worldwide sales of Symbicort(R) reached $1.58 billion in 2007, with Europe
accounting for $1.34 billion. SYMBICORT(R) is a trademark of the AstraZeneca
group of companies.
6 May 2008
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