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.