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Toprol-XL

18th Jan 2006 08:24

AstraZeneca PLC18 January 2006 TOPROL-XL(R) (metoprolol succinate): ASTRAZENECA TO APPEAL DECISION IN U.S. PATENT LITIGATION AstraZeneca today announced that it has received a decision of Judge RodneySippel of the U.S. District Court for the Eastern District of Missouri inlitigation titled In Re Metoprolol Succinate Patent Litigation. This case is aconsolidation of the company's cases against defendants KV PharmaceuticalCompany, Andrx Pharmaceuticals LLC, Andrx Corporation, and Eon LabsManufacturing, Inc. The decision was issued in response to motions by allparties argued on November 16-17, 2005, regarding the validity, enforceabilityand infringement of two of the U.S. patents associated with TOPROL-XL(R)(metoprolol succinate) extended release tablets. In its decision, the Court found that the patents asserted by AstraZeneca inthis litigation -- the compound patent (U.S. Patent Number 5,081,154; ) and thecomposition patent (U.S. Patent Number 5,001,161) that cover TOPROL-XL(R) areinvalid. The Court also found that the patents asserted by AstraZeneca in thelitigation are unenforceable. AstraZeneca disagrees with and is disappointed bythese conclusions. The Company maintains that both patents are valid andenforceable and will appeal the Court's decision. Both patents are due to expireon September 17th 2007. Sales for TOPROL-XL in the US in 2005 were $1,291 million. TOPROL-XL is aregistered trademark of the AstraZeneca group of companies. TOPROL-XL (R) (metoprolol succinate) Extended-Release Tablets TOPROL-XL(R) is a beta1-selective (cardioselective) adrenoceptor-blocking agent,for oral administration, available as extended-release tablets. TOPROL-XL hasbeen formulated to provide a continuous release of metoprolol for once-dailyadministration. Indications for TOPROL-XL(R) include the treatment of hypertension, alone or incombination with other antihypertensives; the long-term treatment of anginapectoris; and the treatment of stable, symptomatic (NYHA Class II or III) heartfailure of ischemic, hypertensive, or cardiomyopathic origin. Toprol-XL(R) is sold outside the US as Seloken-ZOK(R). 18 January 2006 Media Enquiries:Edel McCaffrey, Tel: +44 (0) 207 304 5034Steve Brown, Tel: +44 (0) 207 304 5033 Investor Enquiries:Mina Blair, Tel: +44 (0) 207 304 5084Jonathan Hunt, Tel: +44 (0) 207 304 5087Ed Seage, Tel: +1 302 886 4065Jorgen Winroth, Tel + 1 212 579 0506 -End- This information is provided by RNS The company news service from the London Stock Exchange

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