Plaintiffs: AstraZeneca AB, Aktiebolaget Hassle, AstraZeneca
LP, KBI-E and KBI
Defendants: Watson Laboratories, Watson Pharma, and Actavis
A patent infringement case (3:13-cv-01669)
was filed on Mar 19 in the District Court of New Jersey. The case involves 5
patents that relate to medicinal preparations and their use in the manufacture
of pharmaceuticals.
The patent information as
follows:
Patent Number
Current Assignee[1]
|
Issue Date
|
Expiry Date[2]
|
Title
|
US5714504
|
Feb 03, 1998
|
Feb 03, 2015
|
Compositions
|
US5877192
|
Mar 02, 1999
|
May 28, 2013
|
Method for the treatment of gastric acid-related
diseases and production of medication using (-) enantiomer of omeprazole
|
US6369085
|
Apr 09, 2002
|
May 30, 2017
|
Form of S-omeprazole
|
US6875872
AstraZeneca
|
Apr 05, 2005
|
May 28, 2013
|
Compounds
|
US7411070
AstraZeneca
|
Aug 12, 2008
|
May 30, 2017
|
Form of S-omeprazole
|
Source: MaxVal’s Assignment
Database.
KBI-E and KBI have the exclusive
rights in the above patents.
As per the complaint, defendants seek
FDA to approve their proposed product Esomeprazole Magnesium Delayed Release
Capsules, 40 mg, containing
the active ingredient esomeprazole magnesium, prior to the expiration of the
patents-in-suit, as a generic version of
the Nexium® product. The ANDA no. filed for the approval is 204358. AstraZeneca currently holds[3] the NDA no. 021153 for Nexium which was approved by FDA on February
20, 2001 (source: Patent Marker).
Nexium is used to treat symptoms
of gastroesophageal reflux disease (GERD) and other conditions involving
excessive stomach acid such as Zollinger-Ellison syndrome. It is also used to
promote healing of erosive esophagitis (damage to the esophagus caused by stomach
acid).
It may also be given to prevent
gastric ulcer caused by infection with helicobacter pylori (H. pylori), or by
the excessive use of nonsteroidal anti-inflammatory drugs (NSAIDs).
Another
case is recently filed by AstraZeneca
is 3:13-cv-00091 against Dr. Reddy`s Laboratories, which is
pending. If you are interested in knowing more
about the case(s) filed, please contact us.
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[1] MaxVal offers Patent Assignment Alert service where subscribers
receive email alerts when assignments relating to target applications, patents
or entities of interest are recorded.
[2] Expected expiration date. Patent Term
Estimator is a free
web-based tool that automatically calculates patent terms and expiration dates
for U.S. utility patents.
[3] Patent Marker provides an online
environment where patentees can virtually mark products and search products for
patent-related information.
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