Tuesday, May 28, 2013

AstraZeneca, Apotex Settle Suit over Crestor Patent

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 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

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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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