AstraZeneca Settles US Pulmicort Respules Patent Litigation with Teva
25 Novembre 2008 - 9:09PM
PR Newswire (US)
WILMINGTON, Del., Nov. 25 /PRNewswire-FirstCall/ -- AstraZeneca
today announced it has entered into a settlement agreement in its
Pulmicort Respules patent infringement litigation against Ivax
Pharmaceuticals, Inc., a wholly owned subsidiary of Teva
Pharmaceuticals USA. The agreement settles the patent infringement
litigation filed by AstraZeneca following Teva's submission to the
United States Food & Drug Administration of an Abbreviated New
Drug Application for a generic version of Pulmicort Respules. Under
the settlement agreement, Teva concedes that the patents asserted
by AstraZeneca in the patent litigation are valid and enforceable.
Teva also concedes that its generic version of Pulmicort Respules
infringes AstraZeneca's patents. The settlement agreement will
allow Teva to commence sales of budesonide inhalation suspension, a
generic version of Pulmicort Respules, under an exclusive license
from AstraZeneca beginning 15 December 2009. AstraZeneca will
receive a significant undisclosed royalty on sales of Teva's
product, with a marked step down in payments if additional at-risk
generic products enter the marketplace. Teva also agrees to pay
AstraZeneca an undisclosed sum in respect of damages resulting from
the unauthorised launch of its generic budesonide inhalation
suspension product on 18 November 2008. Except as described, the
terms of the settlement are confidential. The agreement releases
Teva from all past US sales of its generic budesonide inhalation
suspension and provides that any product already shipped by Teva
will remain in the market to be further distributed and dispensed.
AstraZeneca intends to continue to sell Pulmicort Respules, even
after the licensed entry of Teva's product in December 2009.
However, the separate agreement between AstraZeneca and Par
Pharmaceuticals to make available an authorized generic version of
Pulmicort Respules will be discontinued. AstraZeneca and Teva have
filed a Consent Judgment with the US District Court for the
District of New Jersey reflecting the terms of the settlement
agreement. With the Court now having entered the Consent Judgment,
the settlement agreement is final, and the patent infringement
litigation against Teva has been dismissed. With this announcement
AstraZeneca confirms that it continues to expect Core earnings per
share in the range of $4.90 to $5.05 for the full year 2008. Actual
performance within this range is dependent upon the performance of
the business for the remainder of the year, including the potential
negative impact on sales of Pulmicort Respules from Teva's generic
product and the small amount of authorised generic already in trade
channels. AstraZeneca will address the 2009 outlook for Pulmicort
Respules as part of the full year 2009 guidance in January. As a
reminder, the company's full year guidance reflects actual results
for the first nine months, combined with guidance for the fourth
quarter based on the original assumptions for currency, being
fourth quarter 2007 average exchange rates. "This agreement
provides increased certainty and stability in our business and a
clearer backdrop for our investment decisions while re-affirming
the strength of our intellectual property," said David Brennan,
Chief Executive Officer of AstraZeneca. AstraZeneca's Pulmicort
Respules patent infringement litigation against Breath Limited
remains ongoing. In compliance with the Medicare Modernization Act
of 2003, AstraZeneca will file all of the above agreements with the
United States Federal Trade Commission and the United States
Department of Justice. AstraZeneca's patents protecting Pulmicort
Respules have expiration dates that extend through 2018, with
pediatric exclusivity through 2019. About Pulmicort Respules
PULMICORT RESPULES is a preventive, maintenance asthma medicine
indicated for use in children 12 months to 8 years of age in the
United States. Full- year US sales for PULMICORT in 2007 totalled
$964 million, about 90 percent of which is accounted for by
PULMICORT RESPULES. About AstraZeneca AstraZeneca is a major
international healthcare business engaged in research, development,
manufacturing and marketing of prescription pharmaceuticals and
supplier for healthcare services. AstraZeneca is one of the world's
leading pharmaceutical companies with healthcare sales of US $29.55
billion and is a leader in gastrointestinal, cardiovascular,
neuroscience, respiratory, oncology and infection product sales.
AstraZeneca is listed in the Dow Jones Sustainability Index
(Global) as well as the FTSE4Good Index. DATASOURCE: AstraZeneca
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