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Prilosec

This article was originally published in The Tan Sheet

Executive Summary

Delayed-release formulation patents for AstraZeneca's Rx proton pump inhibitor will be focus of infringement litigation following Manhattan federal court's invalidation of "method of treatment" patent for combining clarithromycin and omeprazole for treatment of gastritis and peptic ulcer. However, U.S. Judge Barbara Jones denied Genpharm's motion for summary judgment on AstraZeneca's claim that generic omeprazole will induce infringement of the method of treatment. Court's decision means two method of treatment patents may be taken up at trial along with two delayed-release formulation patents. In May, court rejected AstraZeneca's assertion that generic omeprazole would infringe patent for active metabolites of Prilosec, which is being considered for OTC switch (1"The Tan Sheet" June 4, In Brief)
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