The lawsuit is the result of an Abbreviated New Drug Application (ANDA) filed by Torpharm with the Food and Drug Administration (FDA) concerning its intent to market a generic omeprazole product in the US. The antisecretory drug omeprazole is marketed in the US by AstraZeneca, L.P. under the brand name Prilosec® and is marketed internationally by AstraZeneca as Losec®.

The basis for AstraZeneca's complaint is that the action by Torpharm infringes at a minimum formulation patents for Prilosec® and patents relating to the treatment of H.Pylori infections.

AstraZeneca intends to fully enforce its patent rights and is steadfast in its belief that all the patents are valid.