Case Filed: Apr 17, 2010
Case Closed: May 24, 2013
Judge: Donald M. Middlebrooks
Court: Florida Southern District
Court
Other Plaintiffs: IPR
Pharmaceuticals and Shionogi Seiyaku Kabushiki Kaisha
Case Summary:
AstraZeneca filed a patent
infringement suit against Apotex as a result of an Abbreviated New Drug
Application (ANDA) no. 79-145 filed by Apotex with the FDA concerning its
intent to market a generic version of AstraZeneca’s Crestor.
The patent involved in this suit was
USRE37314 entitled ‘Pyrimidine derivatives’, which was issued on Aug 07, 2001
and expired[i]
on Jul 01, 2011. As per face page, assignee of
the patent is Shionogi Seiyaku Kabushiki Kaisha. IPR Pharma currently holds[ii]
an FDA approved NDA no. 021366 for Crestor tablets in 5, 10, 20 and 40 mg
dosages containing rosuvastatin calcium (source: Patent Marker). It is used to lower cholesterol and triglycerides (types of fat) in
the blood.
The case is now closed as the
parties have filed for dismissal. The Court ordered the claims and counterclaims
be dismissed without prejudice and the parties to bear their own costs. However,
no further information is available on the terms of settlement at this time.
See 1:10-cv-21389
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[i] 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.
[ii] Patent Marker provides an online
environment where patentees can virtually mark products and search products for
patent-related information.
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