LONDON (Thomson Financial) - AstraZeneca Plc has confirmed that it has
avoided the need for a full trial to defend its Seroquel patent from generic
company Teva Pharmaceutical Industries after being granted a so-called summary
judgement.
The win is a boost for AstraZeneca, as analysts believed that the market had
expected a full trial over the bipolar drug, AstraZeneca's second biggest, which
booked sales of $4.027 billion last year.
However Teva said in a statement last night that it planned to appeal the
ruling.
The US District Court for the District of New Jersey granted the the
Aglo/Swedish drugmaker's request for a summary judgement over an attack on its
patent from Teva which focused on the so-called no inequitable conduct charge.
The judgement was expected to be announced on June 23, and a full trial
would have taken place on August 11, however the ruling means this is now
unnecessary.
The no equitable conduct challenge to a patent is notoriously hard to win
because it requires the challenging company to prove the intent of the patent
holder.
David Brennan, chief executive of the London-based company, said: "We are
pleased with the court's decision to uphold our valid intellectual property.
Seroquel remains an important part of our company's portfolio benefiting
patients and physicians throughout the world."
ben.deighton@thomsonreuters.com
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