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AstraZeneca's Prilosec OTC suit deemed "frivolous"

This article was originally published in The Tan Sheet

Executive Summary

AstraZeneca must pay Dr. Reddy's attorneys' fees for a patent infringement case, says Judge Colleen McMahon of the U.S. District Court for the Southern District of New York. She writes in a March 30 1decision that AstraZeneca lacked evidence that Dr. Reddy's abbreviated new drug application for a Prilosec OTC equivalent infringed its patents. "I certainly hope that this ruling chills the sort of unreasonable, frivolous, anti-competitive, anti-consumer litigation in which plaintiffs here engaged," McMahon writes. Dr. Reddy's won the suit in March 2009, but did not launch its generic omeprazole capsule until late 2009 (2"The Tan Sheet" Dec. 21, 2009, In Brief)

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