By Terry Baynes
Feb 14 (Reuters) – A U.S. appeals court on Thursday upheld a
lower court ruling that found the formulation patent for
AstraZeneca’s anti-psychotic drug Seroquel XR was valid
and had been infringed by Mylan Inc and other companies
seeking to sell generic versions of the medicine.
Without explanation, the U.S. Court of Appeals for the
Federal Circuit in a one-line order affirmed the decision issued
by a New Jersey federal court in March.
AstraZeneca has said that the judgment is limited to the
U.S. market only.
The ruling applies to Mylan as well as drugmakers Osmotica
Pharmaceutical Corp and Torrent Pharmaceuticals Ltd.
Seroquel XR is an extended release version of Seroquel,
which is used to treat schizophrenia, bipolar disorder and
depression. Facing competition from generic forms of basic
Seroquel, AstraZeneca has focused on defending its patents on
the long-acting version.
AstraZeneca contends that its patent on the extended release
version of the drug is valid until 2017. In addition to the
United States, the company has previously won Seroquel XR patent
challenges in Spain and the Netherlands. British and German
courts have found the patent invalid.
AstraZeneca welcomed the latest U.S. ruling in a statement,
saying it demonstrated the strength of the intellectual property
protecting Seroquel XR.
Lawyers for the Mylan, Osmotica and Torrent did not
immediately respond to requests for comment.
The case is AstraZeneca Pharmaceuticals et al v. Anchen
Pharmaceuticals et al, U.S. Court of Appeals for the Federal
Circuit, Nos. 12-1359.
