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No Prilosec infringement

This article was originally published in The Tan Sheet

Executive Summary

The U.S. Court of Appeals for the Federal Circuit rules Mylan's generic version of AstraZeneca's heartburn drug Prilosec(omeprazole) does not infringe AstraZeneca's patents. Affirming a 2007 district court decision, the Federal Circuit on June 9 says AstraZeneca failed to prove Mylan's products contained an alkaline reacting compound. Procter & Gamble markets nonprescription omeprazole with Prilosec OTC and Schering-Plough has filed a switch application with FDA for its PPI/antacid combination Zegerid (20 mg omeprazole/1100 mg sodium bicarbonate) (1"The Tan Sheet" March 17, 2008, In Brief)...

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