3rd Sep 2014 11:56
LONDON (Alliance News) - A UK High Court has ruled against AstraZeneca PLC in favour of Teva Pharmaceutical Industries Ltd in a case regarding the validity of AstraZeneca's EP 1085877 patent, helping pave the way for Teva to launch a competing product to AstraZeneca's Symbicort treatment.
Israel based generic pharmaceutical company Teva brought the case in order to facilitate the European launch of its product DuoRespSpiromax, it said.
The patent covers the SMART indication for AstraZeneca's fixed dose formoterol/budesonide combination treatment Symbicort. That indication refers to its prescription as a maintenance and reliever therapy.
Teva said that the court agreed with Teva that the patent covering the indication was obvious, and rejected AstraZeneca's proposed amendments to the patent on the basis that they "added matter."
In a statement, AstraZeneca said it will seek leave to appeal against the judgement.
"Yesterday the High Court in the UK handed down its judgement in the revocation and infringement proceedings brought by Teva against AstraZeneca in relation to AstraZeneca?s SMART patent, and ruled that the patent was invalid. AstraZeneca disagrees with the judgement, which was amended between being handed down in draft and final form," the company said in the statement.
The ruling is the latest in a series of patent rulings in favour of the Israeli firm, Teva said, as it has previously had patents EP 0613371 and EP 1014993, revoked. Those covered the use of the fixed dose combination in the treatment of asthma and in chronic obstructive pulmonary disease respectively and their national equivalents, before the European Patent Office and Norwegian court.
In the first half of 2014 Symbicort produced revenues of USD1.86 billion, the third biggest seller in AstraZeneca's portfolio.
Shares in AstraZeneca were trading up 1.0% at 4,585.00 pence Wednesday afternoon.
By Hana Stewart-Smith; [email protected]; @HanaSSAllNews
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