- Reference code :
- wf283
- Published date :
-
09 September 1999
- Expired date :
-
25 January 2027
AstraZeneca today announced it will appeal against a decision, not yet received in written form, by the District Court in Munich not to grant AstraZeneca's request for preliminary injunctions to prevent CT-Arzneimittel GmbH and Stadapharm GmbH to continue to sell generic omeprazole products in Germany. The decision was based on procedural grounds. The reasons given by the Court were that AstraZeneca had not filed the requests for preliminary injunctions soon enough after these generic products were put on the German market. Omeprazole is the substance used in Losec.
AstraZeneca has filed requests in Germany for preliminary injunctions against seven companies, has filed five main actions and is currently defending its patent rights in seven other patent cases related to omeprazole.
"This is just one small step in a complicated, larger legal picture in Germany and this decision does not change AstraZeneca's view that the generic industry uses AstraZeneca's patented technology. We are currently pursuing further actions in Germany," says Dr. Martin Nicklasson, Executive Vice President GI Franchise.
The substance patent for omeprazole began expiring in the first countries in 1999. In most countries, AstraZeneca has been granted Patent Term Extensions or Supplementary Protection Certificates (SPCs). This extended coverage for the substance expires in the USA in 2001, in most European countries in 2002-2004, and in Japan in 2004. The product is also protected by patents directed to formulations, uses, intermediates and processes.
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