AstraZeneca Loses Bid To Overturn Prilosec Ruling

Law360, New York (June 10, 2008, 12:00 AM EDT) -- The U.S. Court of Appeals for the Federal Circuit has upheld a lower court ruling that Mylan Laboratories Inc.'s generic version of the gastric-acid inhibitor Prilosec does not infringe rival AstraZeneca AB's patents.

The appeals court on Tuesday affirmed the U.S. District Court for the Southern District of New York's May 2007 ruling that the company's omeprazole delayed-release capsules did not infringe two AstraZeneca patents for the branded version.

The patents-in-suit are U.S. Patent Numbers 4,786,505 and 4,853,230, which cover the Prilosec formulation.

“Once again, we...
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