| US Court of Appeals affirms Summary Judgment decision in SEROQUEL patent litigation |
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26/09/2009 13:01 (136 Day 07:13 minutes ago) | |||||
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The FINANCIAL -- AstraZeneca (NYSE: AZN) on September 25 announced that the US Court of Appeals for the Federal Circuit has affirmed the Summary Judgment decision of No Inequitable Conduct in patent litigation involving SEROQUEL (quetiapine fumarate) tablets.
In July 2008, AstraZeneca announced that the US District Court for the District of New Jersey granted the company's Motion for Summary Judgment of No Inequitable Conduct in litigation involving Teva Pharmaceutical Industries Ltd. and Sandoz, Inc.
This most recent decision upholds the District Court’s judgment that Teva’s and Sandoz’s products will infringe AstraZeneca’s SEROQUEL patent and that the patent is valid and enforceable. AstraZeneca had sued Teva Pharmaceutical Industries Ltd. and Sandoz, Inc. alleging infringement of AstraZeneca’s patent as a result of Teva’s and Sandoz’s filings of Abbreviated New Drug Applications (ANDAs). Teva and Sandoz had conceded infringement and the validity of AstraZeneca’s patent covering SEROQUEL. The ANDAs sought approval to market generic versions of SEROQUEL tablets in the US before SEROQUEL’s patent expires. The patent covering SEROQUEL expires in September 2011, with pediatric exclusivity through March 2012.
Since the Federal Circuit Court of Appeals’ affirmed Summary Judgment in favor of AstraZeneca, trial remains unnecessary.
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